THE PROTECTION OF THE RIGHT TO EXPRESS A FREE AND VAlid CONSENT WITHIN CIVIL ACTS, BY INCRIMINATING FRAUDULENT MANEUVERS
THE PROTECTION OF THE RIGHT TO EXPRESS A FREE AND VAlid CONSENT WITHIN CIVIL ACTS, BY INCRIMINATING FRAUDULENT MANEUVERS

Summary/Abstract: The valid conclusion of a civil legal act requires that parties should express their will freely and consciously, unaffected by vitiated consent. Of all the vices of consent, in this article, I have analyzed undue influence in the light of the rules imposed by the New Civil Code. Thus, we have presented the elements of undue influence, particularly the configuration of the deceptive maneuvers. Further on, we have analyzed the legal requirements to qualify undue influence as a vice of consent. We have given a special consideration to the manner in which undue influence can be sanctioned, as far as it has been proven. The misled part could either request the annulment of the contract or the payment of damages, or even both categories of sanctions.

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