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Cristina Luzia GAVRILESCU: Some issues concerning the validity conditions of the object of the civil juristic act

Abstract: The object of the civil juristic act consists in the transaction conducted by the parties, which is materialized in the obligation or the duty assumed by the debtor, namely to give, to do, or not to do something specific. The object of the obligation is represented by a positive or a negative prestation, which the debtor is bound to accomplish, in fulfillment of his obligation. In order to be valid, the object of the juristic act must meet certain requirements prescribed by law. The general validity requirements are applicable to any juristic acts, the object of which should be: determined or determinable; possible; licit and moral. The special validity requirements are applicable only to certain categories of juristic acts, the object of which must meet further conditions, depending on their specific: to consist in a personal fact of the debtor; to exist; to be in the civil circuit; to obtain the administrative or judicial authorization required by law etc. Whereas it constitutes an essential element of the juristic act, the validity of the object determines the validity of the act itself.

Key-words: subject to legal act, requirements of validity, property, invalidity


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