Romanian Civil Law Foundations Flashcards (47 cards)

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1Question

What are the three meanings of civil law in Romanian legal terminology?

Answer

A branch of domestic law, an individual civil right, or the science and technique of civil law.

2Question

What does Romanian civil law autonomously, supplementarily, and equally regulate?

Answer

Patrimonial and non-patrimonial relations between natural and legal persons.

3Question

When does Romanian civil law take a person's condition, state, quality, or status into account?

Answer

When relevant.

4Question

Why is civil law considered autonomous?

Answer

It is generally a complete branch of law that is not subordinated to another branch.

5Question

When does civil law generally apply supplementarily?

Answer

When the parties have not validly decided otherwise.

6Question

What relations does Article 2 of the Romanian Civil Code regulate?

Answer

Patrimonial and non-patrimonial relations between persons as subjects of civil law.

7Question

What is a social relation between legal subjects?

Answer

A connection between two or more legal subjects.

8Question

When does a social relation become a legal relation?

Answer

When it is regulated by law.

9Question

What distinguishes patrimonial relations from non-patrimonial relations?

Answer

Patrimonial relations are economically measurable.

10Question

What power does a real right grant its holder?

Answer

Direct powers over a thing.

11Question

What aspects of a person do non-patrimonial relations concerning existence and integrity protect?

Answer

Life, health, dignity, honor, and reputation.

12Question

What identification matters are included in non-patrimonial relations?

Answer

Name, domicile, and residence.

13Question

What persons, things, or relations does general civil law regulate?

Answer

Any persons, things, or patrimonial or non-patrimonial civil relations.

14Question

What persons, things, or relations does special civil law regulate?

Answer

Particular persons, things, or relations.

15Question

What kind of relations does ordinary civil law govern?

Answer

Usual relations.

16Question

What distinguishes extraordinary civil law from ordinary civil law?

Answer

It derogates from fundamental civil-law principles in exceptional circumstances.

17Question

Why does extraordinary civil law often derogate from fundamental principles?

Answer

To protect particular values or persons.

18Question

Which rights does civil law protect for natural and legal persons?

Answer

Patrimonial and personal non-patrimonial rights.

19Question

What does civil law promote alongside legal consciousness?

Answer

Respect for morality.

20Question

When does civil law act as common law for a neighboring branch?

Answer

When that branch lacks a rule for an aspect of a legal relation or its rules are insufficient.

21Question

How may civil law rules apply to a neighboring legal branch?

Answer

Directly, by analogy, or insofar as compatible with that branch.

22Question

When must Romanian law override a chosen foreign law under lex voluntatis?

Answer

When the foreign law would violate Romanian international public policy, fundamental Romanian or European Union principles, or fundamental human rights.

23Question

What are the three levels of principles applied in civil law?

Answer

Fundamental principles of Romanian law, general civil-law principles, and institution-specific principles.

24Question

Which principles are included among general civil-law principles?

Answer

Property, dignity, freedom, equality, combined personal and general interests, and protection of subjective civil rights.

25Question

What functions do civil-law principles serve under Article 1(1) and (2) of the Civil Code?

Answer

They serve interpretative and supplementary functions as subsidiary sources of law.

26Question

What must characterize departures from civil-law guiding principles?

Answer

They must be clear.

27Question

What six criteria distinguish civil law from other legal branches?

Answer

Object, method, subject quality, rule character, sanctions, and legal principles.

28Question

What relationship between parties is characteristic of civil law?

Answer

Legal equality between the parties.

29Question

What relationship may characterize branches such as tax law?

Answer

A superior-subordinate relationship, such as a tax authority’s power over a tax debtor.

30Question

Which type of rules predominates in civil law?

Answer

Dispositive rules, including permissive or supplementary rules.

31Question

What do imperative rules require or prohibit?

Answer

They require or prohibit conduct.

32Question

What is the characteristic aim of civil-law sanctions?

Answer

Restoring an infringed subjective civil right.

33Question

How should criteria be used to classify legal relations by branch?

Answer

Use them together, since some are indicative while others may exclude civil-law classification.

34Question

What formal principle does civil law provide, and what inequality may it redress?

Answer

It provides formal legal equality and may redress objective biological, psychological, or economic inequality.

35Question

What goal can civil law's special treatment achieve?

Answer

Substantive legal equality.

36Question

Which personal distinctions can Romanian civil law account for under its pluralist character?

Answer

A person's condition, state, quality, and status.

37Question

What subjects does the Civil Code organize?

Answer

The legal organization of persons, family relations, real rights, inheritance and liberalities, civil obligations, intellectual creation rights, extinctive prescription, and forfeiture.

38Question

How do the Civil Code’s general contract rules relate to its rules on sale?

Answer

The general rules apply across civil contracts; sale rules supplement or differ from them.

39Question

Where are the Civil Code’s general contract rules located?

Answer

Article 1166 and following.

40Question

How are rules for online consumer-professional sales classified in the source?

Answer

As extraordinary civil law.

41Question

What does Article 2 of Romania’s Civil Code establish as common law?

Answer

The Code for fields covered by the letter or spirit of its provisions.

42Question

Which approach governs relations under the Romanian Civil Code, according to NCC?

Answer

A monist approach covering professionals, non-professionals, and other legal subjects.

43Question

What interpretative role does civil law have toward particular or derogating rules?

Answer

It helps construe them.

44Question

Which principle governs contractual freedom under Article 1169 NCC?

Answer

Contractual freedom.

45Question

Which source identifies Article 1169 as the basis for contractual freedom?

Answer

NCC.

46Question

How may civil-law principles be established?

Answer

They may be expressly established by law or inferred from legislation.

47Question

Which principles can indicate that a legal relation belongs to civil law?

Answer

Dignity, freedom, property, balancing personal and general interests, and protecting subjective rights.

Test yourself with the quiz

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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