Uniformizarea legislaţiei la nivel european. Studiu comparativ privind eroarea ca viciu de consimţământ în reglementările Statelor Membre
Uniformization of legislation at European level. Comparative study of the error of consent as an inconsistency in the Member States' regulations

Summary/Abstract: This study aims to address a comparative analysis of the error as a vitiating factor in the continental law system and the system based on judicial precedent - the common law, from the perspective of the historical evolution of this concept. Error, in the continental system of law is a vitiating factor which consists of the misrepresentation of facts at the conclusion of the legal civil act. At the frontier of error – as a vitiating factor and fraud in the common-law system, is interposed the misrepresentation doctrine, a doctrine with direct application in tort but which has also incidence in what concerns the legal documents. Misrepresentation in this system of law defines a false statement, precisely addressed to a person by another, to determine this other person to enter a contract. This approach emphasizes the demarcations and interferences in terms of concept, structure, and the classification of error from the point of view of the two legal systems.

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