EROAREA – VICIU DE CONSIMŢĂMÂNT
THE ERROR – DEFECT OF CONSENT
Author(s): Daniela CiochinaSubject(s): Social Sciences, Law, Constitution, Jurisprudence, Civil Law
Published by: Universitatea Crestina "Dimitrie Cantemir"
Keywords: error; defect; essential; legal act; consens; doctrine; discernment; intention; false representation; in good faith; bad faith; contract;
Summary/Abstract: One of the essential elements of civil legal act is to consent. To be valid the consent, must meet four requirements: to be externalized, to come from a person with judgement, to be expressed with the intent to produce legal effects and not be vitiated.Following the analyses and criticisms in the jurisprudence and the doctrine that they have made this vice of consent in the old regulation, the error features a new legal regime. Recognition of the Error as vice of consent in certain circumstances, the introduction of new conditions for the admissibility of the action for annulment error or her character excusable and invoking the obligation of good faith compliance with this defect are notable changes.
Journal: Revista Univers Strategic
- Issue Year: V/2014
- Issue No: 20
- Page Range: 117-124
- Page Count: 8
- Language: Romanian