LEGAL CAPACITY OF PERSONS

Section 1 The abstract capacity Art. 34 - The notion The abstract capacity is the ability of a person to have civil rights and obligations. Art. 37 - Capacity during use The abstract capacity of a person begins at birth and ends with death. Art. 36 - Rights of the Child conceived Children's rights are recognized by conception, but only if it is born alive. Provisions of Art. 412 regarding the legal time of conception are applicable. Section 2 The concrete capacity Art. 37 The notion The concrete capacity is the ability of a person to conclude by itself civil legal acts. Art. 38 - The early exercise capacity (1) The full concrete capacity begins the date the person becomes major. (2) The person becomes an adult at the age of 18. Art. 39 -Married minor situation (1) The juvenile acquired through marriage full legal capacity. (2) If the marriage is annulled, the minor who was in good faith in marriage retains full concrete capacity. Art. 40 - Exercise capacity anticipated For good reasons, the guardianship court can recognize minor who has reached the age of 16 full legal capacity. For this purpose, there will be heard also the parents or guardian of the minor, taking, where appropriate, the opinion of the family council. Art. 41 - Limited exercise capacity (1) A minor who has attained the age of 14 years have limited exercise capacity. (2) The legal acts of the child with limited exercise capacity by the end of it, with the consent of parents and, when applicable, legal guardian, and in cases stipulated by law and guardianship court authorization. Consent or approval may be given, at the latest, upon closing act. (3) However, the child with limited exercise capacity can only conservation acts, acts of administration which harms him, and disposal acts of small value, the current character and that run on their completion date. Art. 42 -Regime minor acts (1) The minor can sign legal documents for work, sports or artistic pursuits related to his profession, 1

with the consent of parents or guardian, and in compliance with the provisions of the special law, if any. (2) In this case, only minor exercise the rights and perform the obligations hereunder these and may dispose alone of the income gained. Art. 43 - Lack of exercise capacity (1) In addition to other cases provided by law, no exercise capacity: a) minor who has not reached age 14, b) prohibited court. (2) For those who did not exercise capacity, legal documents ending in their behalf by their legal representatives, as provided by law. Provisions of Art. 42 para. (1) shall apply accordingly. (3) However, the person lacks capacity to exercise can conclude only specific acts required by law, preserving documents and papers available for small value current character and who perform at their conclusion. (4) Acts on a minor can conclude one can be made by legal representative, unless the law or would otherwise act nature would not allow it.

Art. 44 - Punishment (1) Acts done by the person lacks exercise capacity or limited exercise capacity, other than as required by Art. 41 para. (3) and Art. 43 para. (3), and acts done by guardian guardianship without court authorization when such authorization is required by law, will be canceled, even without proof of damage. (2) The free exercise capacity or with limited exercise capacity and one can invoke in defense anulabilitatea/invalidation for failure to act resulting of/from minority or of placing under judicial interdiction. CHAPTER III THE LEGAL CAPACITY OF LEGAL PERSONS

Section 1 The abstract capacity Art. 205 - Data acquisition capacity use (1) Legal entities which are subject to registration have the capacity to have rights and obligations of their registration date. (2) Other legal entities have the capacity to have rights and obligations, as applicable, pursuant to Art. 194, after the act of incorporation, the authorization date or the date of their establishment to fulfill any other requirements provided by law. (3) However, legal persons referred to in para. (1) may, even after the act of incorporation, to acquire rights and assume obligations, but only to the extent necessary to exist as a legal entity validly. (4) The founders, associates, representatives and any other persons who have worked on behalf of a legal entity being set up unlimitedly and jointly liable to third parties for legal documents signed on its behalf in violation of par. (3), except where the newly created legal entity, after it acquired legal personality, he took upon himself. Such acts taken are considered to be the legal entity since the date of closing and produce their full effect.

Art. 206 - Content of abstract capacity (1) A legal person may have any civil rights and obligations, except those which by their nature or according to the law, there are only individuals. (2) Non-profit legal persons may have only those civil rights and obligations which are necessary for achieving the goal set by law, the articles of incorporation or statutes. (3) Legal document signed in violation of par. (1) and (2) shall be null and void.

Section 2 the concrete capacity Art. 209 - Data acquisition exercise capacity (1) A person exercising legal rights and fulfills its obligations through its management as of the date of their establishment. (2) The quality of governance bodies within the meaning of para. (1) Individuals or legal entities which, by law, the articles of incorporation or statutes, are designated to act, towards third parties, individually or collectively, in the name and on behalf of the legal person. (3) The relationship between legal person and those who make up the organs of administration are subject, by analogy, the rules mandate, unless otherwise provided by law, the articles of incorporation or statutes. Art. 210 - Lack of management (1) Until the date of the administrative, exercise rights and fulfill obligations concerning legal person shall be made by the founders or by natural or juridical persons appointed for that purpose. (2) Legal acts executed by the founders or by persons designated by exceeding the powers conferred by law, the act of incorporation or statutes for setting up legal entities and other documents signed by the designated person undertakes legal person under business management. (3) The legal person who contracts for personal remains held against third parties unless it is established or if it undertakes contracts, except when the contract was exempt from that requirement.