Efectele şi remediile înscrierii în cartea funciară a actului încheiat prin vicierea consimţământului
Effects and remedies of registration in the land registry of the act concluded through vitiation of consent

Summary/Abstract: The principle of autonomy of will does not allow for a complete explanation of nowadays contracts, especially in light of its evolution under the influence of changes in human society, some of which being expressed through the law and filtered by jurisprudence. Although the parties will remain the foundation of the contract, we cannot currently qualify it as entirely sovereign, as control through the various legal norms that regulate both the general interest and also the legitimate interest of the co-contractors that exists with the power of evidence. In the land register system, however, the formalism is directly imposed, both through the requirements of an authentic act, which is necessary for the registration in the cadaster, and the limitation of other acts that be registered, as well as through the preeminence given to the functioning of real estate advertising system within the clearly and restrictively established limits given by the law. For this reason, it is necessary to verify the effects of consent’s vices in the land register system. This paper refers to the application of cases where consent is flawed in the land register system and what mechanisms are offered by land register actions, the act concluded with the vitiation of consent shall not have effect.

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