Eroarea de comunicare sau de transmitere
Error of communication or transmission

Summary/Abstract: The purpose of this work is to analyse the applicability of art. 1211 of the Civil Code, considering the novelty of the regulation and the need to correlate the regulation with the general rules on the matter of error – defect of consent. Thus, the article first studies the problem of communication, i.e. the way in which legal subjects convey their nomothetic will to one another (with an emphasis on the causes that lead to poor communication). Afterwards, the error regime provided by art. 1207 of the Civil Code is briefly presented in order to compare the regulation with art. 1211 of the Civil Code, which will be dealt with in the final section. Also, the latter article is analysed through the lens of the three hypotheses in which the text can be applied, proposing to solve the question of the provision of this rule: how can the rules regarding the ordinary error be applied accordingly?

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