Validity conditions of civil legal act in new civil regulations of Republic of Moldova

Abstract

The most common legal facts that serve as a basis for the establishment of civil rights and obligations are civil legal acts.The civil legal act represents the most important source of civil rights and obligations, constituting a legal basis through which the person manifests his free consent in the sense of exercising his exercise capacity and in strict accordance with legal norms.The normative framework regulating the institution of the civil legal act is the Civil Code of the Republic of Moldova in Title III Legal act and representation, Chapter I General provisions on the legal act, art.308-361, and the definition of civil legal act is expressly provided in art.308 of The Civil Code being"the manifestation by individuals and legal persons of the will aimed at the birth, modification or extinction of the civil legal relations". In order for the legal act to be validly concluded, it must comply with certain requirements established by law or by the parties, called validity conditions. These conditions allow the formation and manifestation of the legal will of parties. This article identifies the conditions of validity of the civil legal act, according to the new civil regulations, submits them to comparative analysis, but also establishes its own conclusions.

Keywords

• civil legal act
• validity conditions
• consent
• capacity
• form
• object
• deceit
• error
• violence