Illustrations of the freedom with extra-patrimonial effects in the Romanian Civil Code

Abstract

The relation between the system of law and freedom is a very close one: the legal existence of freedom justifies the law, and the law that abolishes the freedom becomes deprived of any legitimacy. With all the importance of freedom in every branch of law, the legal category of freedoms with extra-patrimonial effects did not enjoy a systematic analyse in the civil law doctrine. The current study aims to identify the general characteristics and definition of freedom, by investigating the freedom’s expressions in the Romanian Civil code. The finality is mainly a theoretical one and consists in identifying the conception that the Romanian Civil code has on freedom and observing the way in which the freedom is implemented in the civil law. The practical side of this work is distinguishing the instruments disguised in freedoms, but with a diverse nature and therefore which need an approach appropriated to their essence.