The Application of the Favor Contractus Principle with regard to Vices of Consent - Error and Fraud
The Application of the Favor Contractus Principle with regard to Vices of Consent - Error and Fraud

Summary/Abstract: The reason a party decides to enter into a contractual relationship is that of obtaining a specific finality, finality that may not be achieved if the consent of one of the parties is flawed. The present paper seeks to analyse whether in the fields of error and fraud the contract could survive despite the existence of such flaws. We will show that the adaptation of contract in case of error is a mechanism that preserves the contract and allows the parties to obtain the finality sought when concluding it. Also, we will show that, despite the fact that the provisions in the field of error cannot be applied mutatis mutandis in the field of fraud, the contract could still survive if the aggrieved party opts in this sense.

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