JURIDICAL WILL IN CONTRACTS
Journal Title: Challenges of the Knowledge Society - Year 2015, Vol 5, Issue 0
Abstract
In the business law, almost all judicial relationships of private law are obligational juridical relationships which are made up of legal acts and facts. The most important legal act is the contract since it is the basis of the social life in any community meaning that it represents the most important economic and juridical instrument for the participants to a contract. The persons are free and equal in society and, consequently, no power is valid and fundamental unless it relies on their consent, namely on a contract. So, the existence of a civil contract relies on the principles of consensualism, a perception based on moral rules to observe one’s promises, to have good faith and to observe the interests of your fellow creature. The exterior manifestation, the expression or declaration of the juridical will constitutes the consent of such person in making the structure of contract. The declared will must correspond to the person’s real will and the adoption and declaration of the juridical will must take place consciously. Any contract that does not derive from juridical will is null and the civilizing character is inexistent. The principles giving sense to consensualism is the one of agreement between parties so as to produce legal effects by itself and it is enough for the conclusion of a contract, regardless of the form in which it is exteriorized, a principle expressed by the Latin adagio pacta sunt servanda.
Authors and Affiliations
Emilian CIONGARU
Keywords
Related Articles
- EP ID EP89823
- DOI -
- Views 157
- Downloads 0
THE NATIONAL AUTHORITY FOR ANIMAL HEALTH AND FOOD SAFETY, THE MAIN BODY INVOLVED IN FOOD SAFETY IN ROMANIA
This paper is intended to present the role, functions and responsibilities of the National Authority for Animal Health and Food Safety as the main body involved in food safety in Romania. It will be also exposed the Regu...
FINANCIAL LITERACY – AN ESSENTIAL LIFE SKILL IN TODAY’S SOCIETY
Financial education is a concept that emerged nearly 200 years ago, namely in the 18th century. Its role grew rapidly in the 20th and 21st centuries. It is centered around concepts such as budgeting and saving, integrate...
“GLOSSY” POLITICIANS: PORTRAYING WOMEN POLITICIANS IN ROMANIAN CONSUMER MAGAZINES
Women consumer magazines (glossies) represent the most important part of the specialized media all over the world. The main ingredients of their editorial “recipe” are the positive tone of the articles, and the optimisti...
ABOUT THE FOUNDERS OF LEGAL SOCIOLOGY AND THEIR IDEAS
The main founders of the juridical sociology are considered to be Eugen Ehrlich, Max Weber, Theodor Geiger and Georges Gurvitch, The researches of juridical sociology from Romania are demonstrating the existence of a rea...
ENVIRONMENTAL CONFLICT MEDIATION
At a time of global economic crisis followed by resource crisis, a period in which the world seeks alternative resources through eco-investment, environmental conflicts are inevitable. Romania is among the few countries...