Aspecte teoretice şi practice privind domeniul de aplicare al leziunii ca viciu de consimţământ
Theoretical and practical aspects of the scope of injury as a vice of consent

Summary/Abstract: Are the agreement for the liquidation of the community regime (whether legal or conventional) and the partition agreement concerning the assets of the community liable to be vitiated as a vice of consent? This issue raised in judicial practice has been resolved differently. Judging at first instance, a court held that these two legal conventions fell within the scope of the injury. However, the Court of Appeal held that none of these agreements was capable of being breached. The appeal court's decision is correct. This assertion is supported by the provisions of the Civil Code, which delimit the scope of the injury in terms of the legal acts which may be affected by this defect of consent, as well as in terms of the legal qualification of the two agreements.

• Details
• Contents