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 175
- Downloads 0
THE DURATION OF RIGHTS CONFERRED BY COPYRIGHT
The duration of copyright protection has been a controversial issue. And yet never completed. It was and is the key issue of copyright, the same as are those concerning the recognition of their nature and content. If the...
THE TIMESHARE INDUSTRY AT ITS FINEST
The coagulation process of timeshare systems, the drafting action of its main peculiarities and the stake of its implementation have ushered the proclivity of U.S.A and of the E.U member states to legally set the aborigi...
THE REFLECTION OF PROCEDURAL GUILT IN THE CRIMINAL PROCEDURE PROVISIONS. LIABILITY FOR UNJUST CONDEMNATION OR FOR TAKING PREVENTIVE MEASURES UNLAWFULLY
In the criminal proceedings of some law states the wrongful sentencing of individuals is very rare, having a comprehensive system of procedural safeguards which prevent such a situation. The purpose of the criminal proce...
CONSIDERATIONS ON THE EFFICIENCY OF THE ROMANIAN NEW CRIMINAL CODE IN COMBATTING CYBERCRIME
The New Criminal Code addresses in an adequate way the challenges of the cyberspace, being a useful tool in the hands of law enforcement agencies involved in combating a large spectrum of communications and cyberrelated...
FREEDOM OF CONTRACT AND ITS LIMITATIONS IN THE ROMANIAN CIVIL CODE
This study aims to present the vision of the Romanian Civil Code about the freedom of contracting. The Romanian legislator has restated in terminis that the principle of contractual freedom is a fundament of the conventi...