Landmarks for a theory of defects of consent in the New Civil Code Cover Image
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Repere pentru o teorie a viciilor de consimţământ în Noul Cod civil
Landmarks for a theory of defects of consent in the New Civil Code

Author(s): Marian Nicolae
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal act; consent; New Civil Code; legal theory; validity of consent; defects of consent;

Summary/Abstract: The new Civil Code has revitalised the regime of defects of consent, attempting to harmonise the requirements of legal certainty with those of private autonomy (contractual freedom) and contractual justice, so that the theory of defects of consent must be reviewed and reworked, if not in full, at least in part, taking into account, on the one hand, the current legal regime, with its pluses and minuses, and, on the other hand, the case law on defects of consent after its entry into force.

  • Issue Year: 2022
  • Issue No: 04
  • Page Range: 16-32
  • Page Count: 17
  • Language: Romanian