8/9/2019 The Object of a Juridical Relation

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The object of a juridical relation

The object of a juridical relationis the action to which the active subject is entitled and to which

the passive subject is liable. While the content of civil juridical relation includes the possibilities and

the legal duties, the object implies their fulfillment. The action could be the transfer of a real right(to give) or an action of the debtor (positive- to do, negative- not to do).

Whenever the content of a civil juridical relation includes a real right, the object of such a relation isconnected with goods.From the legal point of view, a material object, the so called thing can be considered goods if it

has an economic value and it satisfies human needs.

Classification of goods.

!ased on the nature and "ualification made b# law goods can be$

Movable. The movable goods by their natureare those which can be transported from one

place to another, either b# themselves or those that can be moved with the help of a foreign

force. There are as well goods movable by anticipation.This categor# includes goods thatare immovable rights now, but considered b# the parties as movable, because the# will

become movable in the near future. %.g.$ harvests & fruit that are not #et pic'ed up.There

are also goods movable established by lawbased on the object the# appl# to. n otherwords the# are incorporates in the object.

Immovable (real estate). The immovable goods are those which cannot be transported,

either b# their own energ# or b# a foreign energ#. ccording to our *ivil *ode lands and

constructions are immovable by their nature. t is usuall# admitted that the word+constructions refers to all wor's built on the ground or underground.

In case of non corporal goods the movable or immovable character is given by the law itself. %.g. ncase of a real right having as object a real estate, the law ma# sa# that an# action in front of the court

is itself an immovable good.

The publicit# conditions re"uested in case of selling of a real estate are provided b# the law in

imperative rules. ccording to the *ivil *ode the possession in good faith of a movable good ise"uivalent with propert#. The bu#er in good faith of a movable good can ac"uire the propert# even if

the seller is not the real owner.

riginal owner Temporar# holder (detentor precar)

$

!u#er

ccording to this contract the riginal wner delivers the goods in the hands of theTemporar# older. The other part# assures the obligation to return the goods after a certain period of

time. nstead of fulfilling the obligation the temporar# holder sells the goods to a third part#, as ifthe# were the owner.

f the bu#er is in good faith (has no idea about the fact that the seller is not the real owner),

then he (the bu#er) becomes the owner of the goods.

The Original Owner can only claim damages from the Temporary older! on grounds

of the contract concluded between them.

". This rule is not applicable in case of immovable goods.

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#. This rule is not applicable whenever the buyer has no good faith ($nows that the other

is just a temporary holder).

%. The rule is not applicable whenever the goods were lost by their owner or stolen from

him. It is only applicable in case of a contract between the Original Owner and theTemporary older.

Following the regime of legal circulations there are$ &oods on civil circuit. re all those goods that can be objects of civil juridical acts. /ome of

them can be sold onl# with observance of some conditions (e.g.$gems, to0ic substances).

owever all of them ma# be considered as being in civil circuit

&oods off civil circuit. re those goods which cannot be objects of civil juridical acts (e.g.$

goods belonging to the state, constituting the object of public propert#).

There are as well$

'ungible goods. The# are interchangeable one with another. The# can be replaced b# e"ual

"uantities of the same "ualit# (e.g.$ grain, coffee, mone#)

onfungible goods. The# have a specific individual value and cannot be replaced with a

similar thing.

ccording to the wa# used to determine them, there are$

&oods individually identified (established). The# are those goods individuali1ed b#

specific features and characteristics. %.g. a certain car individuali1ed b# its license plate.

&oods generally identified (established). re those goods individuali1ed b# features

corresponding to a class or categor# the# belong to. The individuali1ation of such goods isonl# possible b# counting or measuring. ("uantit# of wheat, cement, apples)

This distinction is important first of all because it determines the moment of the transfer ofthe propert# right from the seller to the bu#er. n case of individuall# identified goods, the propert#

right is transferred at the ver# moment when the agreement of the parties was achieved. Thereforethe bu#er becomes the owner from the moment of the conclusion of the contract, even if the goods

themselves were not transferred #et.n case of generall# identified goods, the propert# right is transferred onl# at the moment the

foods are individuali1ed b# measuring or counting. This moment is important to 'now because of

the rule +res ferit domino (the goods are destro#ed for the owner). f the goods are accidentall#destro#ed, the onl# person who has to suffer the loss is the owner. Therefore in case of generall#

identified goods, if the# are destro#ed2vanished between the moment of conclusion of the contract

and the moment where the goods are delivered to the bu#er, the person who has to suffer their loss istill the seller. The seller will have no right to the price of the goods. n order to fulfill the contracts

the seller has to replace the vanished goods with others.