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SPECIAL ASPECTS OF ANIMUS DONANDI.
- Source :
- Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series; 2013, Issue 3, p7-20, 14p
- Publication Year :
- 2013
-
Abstract
- The concept of a legal document is a general concept obtained by a process of abstractization and generalization of characters common to the different acts it incorporates and it is used both in the doctrine, practice and even in the legislation with two meanings having different values; the first meaning designates the manifestation of will with the intent to produce civil legal effects and the second meaning designates the very confirmation of this manifestation of will. To create the personal juridical acts and the gratuitous ones that are concluded both between living persons and for mortis causa, it is necessary to take into consideration the gifts which, at their turn, are legal documents by which a person gratuitously disposes of their goods, totally or partially, in favour of another person. These gifts have the most specific characters and they constitute a special category of documents whose regulation creates diverse effects at legal level since there is a tight correlation by the judicial regime applicable with different institutions of the private law. On the other hand, this subclass of negotium juris presents a major importance from the social point of view translating at the institutional and normative level interhuman relationships having a marked private character and giving expression to certain social practices characterized by a high level of subjectivism and voluntarism. Thus, social relationships are sanctioned by these legal forms that have both a patrimonial and objective dimension and a constant attitudinal component most often present under the form of animus donandi. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 18447015
- Issue :
- 3
- Database :
- Supplemental Index
- Journal :
- Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series
- Publication Type :
- Academic Journal
- Accession number :
- 99414537