About a kind of obligation

In the Romanian law the civil capacity has an inalienable character. The bond between the quality of the civil law subject and the civil legal capacity is so strong that no one can give up on it, totally or partial, at the use and exercise capacity , because no one can give up to his quality of civil law subject. The quality of civil law subject is not a faculty; it doesn’t admit an option, but is a position in society which doesn’t permit the capitulation.

The civil capacity is regulated by the Romanian law as having a meta-mandatory, in the sense that the legal and the natural persons are receiving the civil capacity not as an obligation, which can be executed of one’s own will or not, but the civil capacity is given to them by the law direct and from the moment the conditions provided by the law for the recognition of the civil capacity are fulfilled and so of the natural and the legal persons as law subject.

Who wouldn’t want to have legal capacity in Romania? Probably no one, but we cannot be sure.

[1] NCC român, art. 29 alin. (2), “Nimeni nu poate renunţa, în tot sau în parte, la capacitatea de folosinţă sau la capacitatea de exerciţiu”.


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