Unele consideraţii privind viciile de consimţământ în materia convenţiei matrimoniale
Some considerations on vices of consent in the matter of marriage contract

Summary/Abstract: More than eleven years after the entry into force of the Civil Code, the physiognomy of the matrimonial contract begins to take shape in the context of the legal circuit specific to Romanian society. The issue of validly expressed consent is at the heart of any civil legal act, so the specificity of defects of consent in the matter of the marriage contract is of practical importance. Although, at present, the case law is somewhat poor, even confusing, with the parties intending to invoke the vitiation of concurrent consent in the marriage contract, in the act of liquidation of the matrimonial property regime, in the act of voluntary partition and even in the case of an act of disposition committed pursuant to the powers conferred by the marriage contract, I have tried to highlight some specific aspects of vitiation, starting from the nature of the marriage contract. Thus, we will see, in concrete terms, how the vice of error, violence or deceit can manifest itself, as well as the rather limited scope, but not excluded, of the vice of injury, in the context of the regulation of the injury of an adult, who may have a consent altered by the affection that the other spouse bears. We have also touched on some aspects related to the sanction of relative nullity and the suspension of the limitation period during the marriage, referring to the legal regime of nullity. Finally, we examined the material jurisdiction of the court hearing an application for annulment of the marriage contract on the grounds of vitiation of consent, as well as the need for specialisation or not of the panel hearing the case.

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