The Concrete Capacity (CC) Capacitate de exercitiu

CC = AC + discernment The discernment is a mental ability to understand the nature and the effect of a contract (defined from a legal point of view). To discern = to see clearly. According to the Romanian law, the fully complete capacity is obtained at the age of 18. This is only a presumption (this is not the time in most of the cases). This presumption is in a way reputable in another way ireputable. This presumption is reputable in the sense that it may be overcome through the contrary evidence (if is possible to prove that the presumption is not true). This prove will try to overcome the presumption in the sense that a person however mature being more that 18 has no discernment. The period of restricted concrete capacity before the age of 14 and the age of 18. I 0-14, II 14-18, III 18- I. The period of absence (it doesnt have any concrete capacity) The persons are subjects of incapacity, they can participate to juridical life, but not by themselves, they must be represented by a legal administrator (parent). The idea is the persons in this period of time cannot validly conclude contracts. But there are some which are recognized as valid: they can go shopping. II. The period of restrictive concrete capacity. The persons may conclude some contracts by themselves; they need the assistance of a parent or a guardian in order to conclude contracts. There are some contracts that may not be concluded by persons in this category. 1. contracts that may be concluded by persons after the age of 14 by themselves: employment contract may be concluded after the age of 16. The contracts concluded in order to manage a real estate, which belongs to the person between 14-18. 2. contracts which may be concluded only with the assistance of a parent/guardian: selling contracts (the contract needs to be signed both by the parent and by the person. Between 15-16 the person needs the consent of his parents to get a job. The representation means that the parents juridical will substitutes the juridical will of the child. Only the parents sign the contract and not the child. When we talk about assistance, the juridical will of the person is only completed by the parents one (the contract will be signed both by the guardian/ parent and by the child. They cannot conclude employment contract before the age of 16 (employment contracts as an employee). They may not conclude guarantees for other persons: they may not be garants. 3. fully concrete capacity (exercise all the right, assume all the responsibility

exception: the mentally disturbed persons who cannot understand the nature of an agreement may participate to juridical life through representatives (a guardian). Women may marry from the age of 16 obtaining in this way fully concrete capacity (at the age of 16 only girls can marry. Regarding the business juridical relation. In order to participate to a business relation, a natural person has to fulfill the following conditions: 1. he has to have fully concrete capacity. 2. to conclude commercial acts in his own name a person who acts in other persons behalf is not a merchant himself. 3. conclude commercial acts as a profession, repeatedly and as an important source of has regular income. 4. he has to be registered as a merchant according to the law 300/2004. Merchants = sole traders. The second category of persons who may participate to a business juridical relation are legal persons/ an entity created by the law and given certain rights and certain obligations. (ex: partnership, companies) Legal persons have their own personality separate from the shareholders or directors or other persons. Even if a company is totally dominated by only one shareholder, the company and the shareholders are distinct persons. There are 2 consequences of these separate identities of a company and of its members. 1. a company can sue and can be sued in its own name. The next RO criminal law will permit in the future to be prosecuted for a crime despite the fact this is just a legal person. 2. a company can make contracts in its own name and its members cannot claim the benefit nor be subject to the burden to such contracts.