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    STUDIA IURISPRUDENTIA - Issue no. 2 / 2019  
         
  Article:   ABSTRUSE ASPECTS OF THE INCAPACITY OF ENJOYMENT / DIFEREND ÎNTRE INCAPACITĂȚILE CIVILE – DE FOLOSINȚĂ ORI DE EXERCIȚIU?.

Authors:  PAUL VASILESCU. 		 
       
         
  Abstract:  A widespread thesis, which began in the fifth decade of the XXth century in Romania, states that the Law can be authorised to limit the capacity of enjoyment of a natural person. We reject, out of principle this conclusion, because the personality of the human being is not a (mere) legal artefact but (more so), an inborn characteristic. Any limitation of one''s abilities to enter into a contract can be explained through the concept of incapacity of exercise, without any loss for our legal system. We also made some remarks concerning Law no 17/2000, which establishes a civil protection measure concerning capable adults, which is impossible to defend taken into account the rules of legal capacity.

Keywords: legal capacity; incapacity of exercise; incapacity of enjoyment; natural person. 		 
         
     
         
         
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