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The Legal Capacity in the Romanian private law, historical –legal, theoretical and legislative aspects

Author: Lepădat Elena-Doina
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Scientific council:


The thesis was presented on the 15 November, 2008
Approved by NCAA on the 26 February, 2009


Adobe PDF document0.37 Mb / in romanian


CZU 341.9(043.2)=135.1 L 50

Adobe PDF document 1.36 Mb / in romanian
207 pages


legal capacity, general legal capacity, special legal capacity, system o flaw, jurisprudence, natural person, legal person, subject of law, man, person, legal personality, civil capacity, capacity of use, capacity of exercise, limited capacity of exercise, subjective right, legal status, right, obligation, aptitude, de lege ferenda, legal acts, emancipation


The thesis is dedicated to the present day problems of the institution of legal capacity, and furthermore, its research object consists in the study of the dynamics of the legislation of this legal institution within the new economic relations in the market economy and in the examination of the content of the legal capacity from the historical perspective of the evolution of the objective law which established the extent and regulation of this legal institution.

The novelty of the thesis consists in being one of the first works to present a complex study of all the sides of the legal capacity of the natural and legal person and of its constitutive elements. The study and examination of the phenomenon of “legal capacity“ by determining its essence and conditions for its building up, the examining , on a conceptual level , of the notion of legal capacity, the formulation of our own definition of the legal capacity in general and of the civil capacity in particular, the examination from a typological point of view of the legal capacity( the classification of the legal capacity and the highlighting of its specific aspects), the study of the legal capacity in its dynamics(the evolution and the manifestation of the legal capacity depending on the evolution of the human society), the correlation of the legal capacity with other legal notions – subject of law, subjective rights, legal personality, legal status, the definition of the notion of legal person and natural person and the determination pf their position within other terms: man, person, personality, citizen, subject of law, etc ,the defining and study of the notion of civil legal capacity in the light of the legislation of Romania and of the RM, all these represent the proposed and reached objectives which give substance to the scientific novelty of the paper.

The work gives solutions to some of the most difficult problems regarding the establishment of the content of the capacity of use and the capacity of exercise. We also analyze with a critical eye many of the regulations provided by the Civil Code of the RM in matters of capacity and we make new proposals.