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According to the law, the minor under 14 years old and the person
who benefits from special guardianship lack the concrete capacity.
A person, including a minor, can benefit from special guardianship if he
suffers from an alteration of his mental faculties which is total and, where
applicable, permanent and he needs to be represented in a permanent way in the
exercise of his rights and freedoms. Consequently, at the request of the persons
concerned, the judge examines the mental state of the person and pronounces a
judgment instituting the special guardianship of this person.
Concerning these categories of natural persons who lack the concrete
capacity, their juridical acts are concluded by their legal representatives,
namely the parents or a legal guardian.
As an exception, the law allows these categories of persons, who lack
the concrete capacity, to conclude by themselves ordinary and unimportant
contracts, such as for example buying tickets for the bus.
The full concrete capacity represents the possibility of the natural person
to exercise all his subjective rights and to assume all his obligations, by
concluding by himself, without any authorization or representation, all the
juridical acts allowed by the law. The full concrete capacity is the general
rule, meaning it is the usual situation in the field of concrete capacity.
According to the law, the full concrete capacity begins when the
natural person reaches the age of 18 years old.
As an exception, through marriage, the minor gets full concrete
capacity. Thus, according to article 272 Civil Code, the minor may marry at the
age of 16 years old, but he needs the doctor’s opinion and the approval of his
parents.
In addition, according to article 40 Civil Code, under exceptional
circumstances and for justified reasons, the judge may recognize the full
concrete capacity to the minor, starting from the age of 16 years old.
3. According to their goal, the legal persons are divided in two categories, as
follows:
a. legal persons having patrimonial goal, which have as a main purpose
obtaining benefits, such as the companies;
b. legal persons having non-patrimonial goal, such are state institutions,
associations and foundations, religious churches.
According to the law, the legal person may be set up in the following
three ways:
a. through the constitutive act adopted by the competent body of the state,
meaning a law adopted by the Parliament, a normative act (decision) adopted by
the Government or a decision adopted by local council or council of the county.
This way of setting up legal persons refers mainly to state legal persons,
meaning the bodies of legislative power (the houses of Parliament), the bodies
of executive power, the bodies of judicial power, the local administrative units,
the public institutions and the companies belonging to the state.
b. through the constitutive act concluded by the members of the legal
person, which must be authorized by the competent body of the state.
This way of setting up legal persons refers mainly to political parties,
private companies, associations and foundations and so on. The authorization
for the setting up of the legal person in this way is provided by a judicial
authority or a body of the executive power.
In order to set up completely and validly a legal person in this way, the
law also requests, in certain cases, the incorporation or the registration of the
legal person in different registers established by the state authorities. As a
general rule, through this formality of registration or incorporation the legal
person gets full abstract capacity.
c. by other ways provided by the law, as for example the Romanian State,
which is declared legal person by law.