Capacitatea juridică a persoanei în jurisprudenţa Curţii Constituţionale

dr. Ioana Cristina VIDA

Legal Capacity of the Person in the Jurisprudence of the Constitutional Court

Abstract

In this section of jurisprudence, we aimed to present the legal capacity of the person, seen from the perspective of the Constitutional Court of Romania (CCR), capturing both the normative solutions of the Romanian legislator in relation to the Fundamental Law in its initial form in 1991 and to those subsequent to the revision of 2003. For this purpose, we will refer to the physical person, who may face, throughout life, situations towards which he cannot remain impassive - minority, lack of discernment, discrimination - which is generically expressed through legal capacity. We will show that there is a multidisciplinary reception in legislation of legal capacity.

Thus, civil capacity consists in the ability of the person to exercise civil rights and to assume civil obligations, by concluding legal acts,...