What are the three meanings of civil law in Romanian legal terminology?
A branch of domestic law, an individual civil right, or the science and technique of civil law.
What does Romanian civil law autonomously, supplementarily, and equally regulate?
Patrimonial and non-patrimonial relations between natural and legal persons.
When does Romanian civil law take a person's condition, state, quality, or status into account?
When relevant.
Why is civil law considered autonomous?
It is generally a complete branch of law that is not subordinated to another branch.
When does civil law generally apply supplementarily?
When the parties have not validly decided otherwise.
What relations does Article 2 of the Romanian Civil Code regulate?
Patrimonial and non-patrimonial relations between persons as subjects of civil law.
What is a social relation between legal subjects?
A connection between two or more legal subjects.
When does a social relation become a legal relation?
When it is regulated by law.
What distinguishes patrimonial relations from non-patrimonial relations?
Patrimonial relations are economically measurable.
What power does a real right grant its holder?
Direct powers over a thing.
What aspects of a person do non-patrimonial relations concerning existence and integrity protect?
Life, health, dignity, honor, and reputation.
What identification matters are included in non-patrimonial relations?
Name, domicile, and residence.
What persons, things, or relations does general civil law regulate?
Any persons, things, or patrimonial or non-patrimonial civil relations.
What persons, things, or relations does special civil law regulate?
Particular persons, things, or relations.
What kind of relations does ordinary civil law govern?
Usual relations.
What distinguishes extraordinary civil law from ordinary civil law?
It derogates from fundamental civil-law principles in exceptional circumstances.
Why does extraordinary civil law often derogate from fundamental principles?
To protect particular values or persons.
Which rights does civil law protect for natural and legal persons?
Patrimonial and personal non-patrimonial rights.
What does civil law promote alongside legal consciousness?
Respect for morality.
When does civil law act as common law for a neighboring branch?
When that branch lacks a rule for an aspect of a legal relation or its rules are insufficient.
How may civil law rules apply to a neighboring legal branch?
Directly, by analogy, or insofar as compatible with that branch.
When must Romanian law override a chosen foreign law under lex voluntatis?
When the foreign law would violate Romanian international public policy, fundamental Romanian or European Union principles, or fundamental human rights.
What are the three levels of principles applied in civil law?
Fundamental principles of Romanian law, general civil-law principles, and institution-specific principles.
Which principles are included among general civil-law principles?
Property, dignity, freedom, equality, combined personal and general interests, and protection of subjective civil rights.
What functions do civil-law principles serve under Article 1(1) and (2) of the Civil Code?
They serve interpretative and supplementary functions as subsidiary sources of law.
What must characterize departures from civil-law guiding principles?
They must be clear.
What six criteria distinguish civil law from other legal branches?
Object, method, subject quality, rule character, sanctions, and legal principles.
What relationship between parties is characteristic of civil law?
Legal equality between the parties.
What relationship may characterize branches such as tax law?
A superior-subordinate relationship, such as a tax authority’s power over a tax debtor.
Which type of rules predominates in civil law?
Dispositive rules, including permissive or supplementary rules.
What do imperative rules require or prohibit?
They require or prohibit conduct.
What is the characteristic aim of civil-law sanctions?
Restoring an infringed subjective civil right.
How should criteria be used to classify legal relations by branch?
Use them together, since some are indicative while others may exclude civil-law classification.
What formal principle does civil law provide, and what inequality may it redress?
It provides formal legal equality and may redress objective biological, psychological, or economic inequality.
What goal can civil law's special treatment achieve?
Substantive legal equality.
Which personal distinctions can Romanian civil law account for under its pluralist character?
A person's condition, state, quality, and status.
What subjects does the Civil Code organize?
The legal organization of persons, family relations, real rights, inheritance and liberalities, civil obligations, intellectual creation rights, extinctive prescription, and forfeiture.
How do the Civil Code’s general contract rules relate to its rules on sale?
The general rules apply across civil contracts; sale rules supplement or differ from them.
Where are the Civil Code’s general contract rules located?
Article 1166 and following.
How are rules for online consumer-professional sales classified in the source?
As extraordinary civil law.
What does Article 2 of Romania’s Civil Code establish as common law?
The Code for fields covered by the letter or spirit of its provisions.
Which approach governs relations under the Romanian Civil Code, according to NCC?
A monist approach covering professionals, non-professionals, and other legal subjects.
What interpretative role does civil law have toward particular or derogating rules?
It helps construe them.
Which principle governs contractual freedom under Article 1169 NCC?
Contractual freedom.
Which source identifies Article 1169 as the basis for contractual freedom?
NCC.
How may civil-law principles be established?
They may be expressly established by law or inferred from legislation.
Which principles can indicate that a legal relation belongs to civil law?
Dignity, freedom, property, balancing personal and general interests, and protecting subjective rights.
Answer 19 questions on Romanian Civil Law Foundations.
1. In Romanian legal terminology, which meaning of civil law refers to the body of domestic legal rules rather than an individual’s enforceable right?
2. Which description best captures the scope of Romanian civil law?
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