Proba erorii-viciu de consimţământ
Evidence of error-defect of consent

Summary/Abstract: Error is a state of fact that involves either ignoring or misunderstanding reality, the latter being due either to the distorted perception of the elements of the surrounding world, or to the poor understanding of their meaning or the correlations between them. Before becoming a legal notion, the error is a psychological phenomenon, and the discussion about the proof of the error-vice of consent, cannot bypass the identification of the sources that generate the error, which justifies the need to approach the research theme from an interdisciplinary perspective: to be able to pronounce on existence of error, a judge needs to know how the human mind works in order to hone his skills in deciphering the mysteries of human behavior. To prove the error-vice of consent, errans will be required to prove, in fact, not only the existence of an error, but that error that meets all the legal conditions imposed by law: to be essential; the other party knew or should have known that the fact on which the mistake was made was essential for the conclusion of the contract; to be excusable; not to be assumed; to be invoked in compliance with the requirements of good faith. Given that the structure of this vice of consent is made up of a single element – the misrepresentation of reality – which is purely subjective, psychological, “intangible”, the proof of the error will be possible through any means of evidence. As regards the burden of proof, although, in principle, it rests with the errans, it is reversed on account of his procedural opponent, regarding the proof of the condition of the assumed nature of the error and the condition of invoking the error in bad faith.

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