Câteva reevaluări legate de semnificaţia angajamentului juridic asumat de parte prin consimţământ
Some Reassessments Of The Meaning Of The Legal Commitment Undertaken By A Party Through Its Consent

Summary/Abstract: This study seeks to highlight the risk of oversimplifying or reducing to a schematic model our understanding of the process of contract formation. It argues that, even in the absence of preliminary agreements, the path from free will to legal consent cannot invariably be reduced to the familiar paradigm of an offer met by an equally ubiquitous acceptance. Accordingly, the paper critically examines the widespread tendency to equate consent, on the one hand, with agreement on the contractual content, on the other. In the same vein, it addresses the inclination to identify consent with the mere act of signing the written instrument embodying the terms of the contemplated contract. Finally, the study challenges common assumptions, such as the proposition that agreement on the essential terms is both necessary and sufficient for the conclusion of a contract. What is the rationale behind such a statement? What happens if disagreement persists regarding terms that are less… essential? Are such matters invariably left to subsequent post contractual negotiations? These observations also provide the basis for reconsidering the apparent originality of contracts concluded through electronic devices and computers

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