Patrimonial effects of the freedom in the Romanian Civil Code.

Abstract

The contract is the way subjective rights travel from a patrimony to another. Freedom of contract represents the power to decide either to keep or to expel the subjective rights, to choose the type of contract and the other contractor.Mortis causa, the freedom of testation is the one that engages the patrimonial translation. Are the two freedoms applications of the more general freedom of disposition? What is freedom of disposition? It is necessary to discover the link between freedom of disposition and the use of the rights, because there could be an overlay of one on top of the other. Also, not only the patrimonial rights can be the object of the freedom of disposition, despite the general perception.

Legal freedom gives meaning to legal responsibility, which cannot be imagined in the presence of constraint. Freedom of contract was born out of the moral precepts that funded the legal norms, but excessive regulation har overcome the morality of freedom.