In the beginning it is very important to understand what Civil Capacity means.

If we analyze the new Civil Code we will find the following definition: Civil capacity is recognized to all persons, every person who has the capacity to use, an exception being cases provide by law, and the capacity to exercise. (Art.28 CC) According to this article we can see that the capacity of both physical and legal persons determines whether they may make binding amendments to their rights, duties and obligations. The Civil Capacity of physical persons Capacity to use the persons ability to have civil rights and obligations (Art.34 CC) .It begins at someones birth and lasts till death (Art.35 CC). The childs rights are recognized from its birth, in case he is born alive. Capacity to exercise - the persons ability to conclude civil legal acts on their own (Art.37 CC) in comparison to capacity to use, a person has the capacity to exercise when he becomes a legal adult, at the age of 18. An exception being the married minor, who acquires the full capacity to exercise through marriage, if the marriage is canceled the minor who signed with good faith the marriage papers keeps the capacity. There are 2 types of capacity to exercise: - the anticipated capacity to exercise: having good reasons guardianship court can provide to a minor the full capacity to exercise, taking into account, if it is necessary, the family council approval.(Art.40 CC) - the restricted capacity to exercise: the minor who reached the age of 14 has restricted capacity to exercise. It means that all legal acts are signed with parents or tutor approval, or in some cases provided by law a guardianship court approval is also demanded. The consent and authorization can be delivered at latest, at the moment of singing the contract. Nevertheless, a minor with restricted capacity to exercise can sign by himself acts of conservation, administration which wont injure him, acts of disposition with minimum value of the current character and which is will be executed at singing date.(Art.41 CC) In some cases a minor can sign some legal acts regarding work, artistic or sport hobbies, or other connected to his profession by delivering proof of parents or tutor consent, and also by respecting the special law disposition, if it is necessary. In this case the minor is exercising his rights and meets all obligations from these acts and also can use the income acquired. (Art.42 CC) Lack of capacity to exercise- besides other cases provided by law, the following have no ability to exercise (Art.43 CC): - minors who did not reach the age of 14 - the juridical For those who do not have the capacity to exercise, the juridical acts can be concluded in their names by their legal representatives in conditions provided by law. We mentioned earlier that a minor can sign some acts by himself, these acts can be also signed by his legal representative, besides the cases where law would prohibit it or the nature of act would.

Sanction (Art.44 CC) Acts concluded by persons with no capacity to exercise or by those with restricted capacity to exercise (other than those provided in art41 line (3) and art 43 line (3)) also acts signed by tutors who do not have authorization from guardian court, when this authorization is required by law, are defensible, even if they cause no prejudice. Fraud committed by incapable (Art.45 CC) The simple declaration of being able to sign contracts, by those who do not have capacity to exercise or have restricted capacity to exercise, do not exempt from defeasibility. Nullity regime (Art.46 CC) Persons that are able to conclude contracts can not oppose to minor or to someone whos under juridical interdiction their incapacity. The action of nullity can be performed by legal representative, minor who is 14 already, and also by his legal guardian. In case when an act is ended without legal guardian authorization, as law requires, it will be noticed by the prosecutor in order to exercise the nullity. Limits of restitution obligation (Art.47 CC) Persons with no capacity to exercise with restricted capacity to exercise has the obligation to restitute only within the limits of the good done. The confirmation of the canceled act (Art.48 CC) Minor who became an adult can confirm the act concluded while being a minor, when he had to be represented or assisted. He can also confirm the act concluded by his tutor without all necessary formalities for its legal ending. While being minor, the confirmation of an act nullity can be made only according to art 1.263 and 1.264. Court statement of death General cases (Art.49 CC) in case when a person is declared to be missing and there are evidence in order to prove that this person is no longer alive, death can be claimed through court statement by any interested person. This is possible only in case there were no evidence found of this person being alive for at least two years. Specific cases (Art.50 CC) persons disappeared in special circumstances, like floods, earthquake, and railway or airway disaster, shipwreck, during war or any other similar situation, death can be claimed if at least six months past since the disappearance. If the death can be proved but no body can be found, than the death can be stated regardless the time of disappearance. Procedure of Declaration of Death: settlement of the declaration of death is done in accordance with civil code procedure dispositions. (Art.51 CC) Presumed date of the disappeared person (Art.52 CC) The person declared to be dead is considered not to be more alive is the date when authorization claimed to be the date of death. If the exact hour is not known, it is assumed that the person died during the last hour of the day he was declared to be dead. The court can change the date of death in case it is proved it was not possible to that person to die at that specific time. Assumption (Art. 53 CC) The one disappeared is considered to be alive, if there is no definitive declaratory decision. Cancellation of death declaration (Art. 54 CC) If the person declared dead is alive, the cancellation of death declaration can be requested at any time. After this, the one declared dead, can request all his goods to returned, if this is not possible to return the equivalent value.

Nevertheless, the one who got the goods, having the title of oneros, is not obliged to return them, unless it can be proved that under the matter of land registry he knew that the person is still alive. Death Certificate disclosure (Art.55 CC) Any interested person can request the cancellation of the declarative decision of death, in case the death certificate of the dead person is found. Paying the heiress apparent (Art. 56 CC) The payment to legal heiress or legatee who may appear later after the declaration of death, is valid and dischargeable, if it was done before removing mentions about the death from the register of births, marriages and burials. An exemption being the case when the person who is paying recognized that the person declared dead is still alive. The legal heiress rights (Art. 57 CC) The legal heiress who discovers that the person declared to be dead though legal decision is still alive, keeps all the possessed goods until the reappeared person asks their return. The Civil Capacity of juridical persons Capacity to use of juridical persons: date of obtaining capacity to use (Art.205 CC) persons who are subjects to registration obtain the capacity to have rights and obligation from the moment of registration. Other persons obtain these right and obligation by case, according to art.194 CC. Capacity to exercise: - date of obtaining capacity to exercise (Art.209 CC) - Juridical person is exercising his rights and obligation through administrative bodies, beginning with the date of their establishment. Administrative bodies have this function, meaning physical persons or juridical persons who though law, act of establishment, or state are designated to act individually, in groups, or in relation with third parties, in name and on behalf of legal person. The relation between the legal person and those who make up his administrative bodies are presented, by analogy, by mandate rules which were not provided by law, the act of establishment. Lack of administrative bodies (Art.210 CC) Till the date of administrative bodies establishment, the rights and obligation are exercised by the founders, the physical or legal persons designed to do so. Incapacity and incompatibilities (Art.211 CC) those unable or incapable can not take part in administrative bodies, those with restricted capacity to exercise, those who lost the right of exercising in these bodies, also those who are declared by law or establishment act that they can not have such a right. Acts concluded by these persons are equal to nullity, the only reason being their incapacity and incompatibility.