REFLECŢII PRIVIND VIOLENŢA CA VICIU DE CONSIMŢĂMÂNT. DREPT COMPARAT
REFLECTIONS ON VIOLENCE AS VICE OF CONSENT IN THE FIELD OF COMPARATIVE LAW

Summary/Abstract: Both law and violence are concepts that seemingly belong to two worlds, which are not only different, but mainly opposite. For two centuries of evolution since the Napoleon Code, the concept on violence has been far from being relaxed in human relationships. We can increasingly find it metamorphosed in obscure but more devastating forms, such as economic domination, blackmail, intimidation, and all the less apparent constraints. The public scene of today's world reveals a sort of generalised violence that tends to become a more appealing way of life. In contracts, individual willpower is assaulted by external factors, which makes the line of demarcation between the internal motivation of the contract and the external one progressively difficult to be traced. The present study aims at evaluating the solutions of the current Romanian Civil Code in this field, with reference to the main drafts of a European contract law, and finally at making several proposals for the Latin concept of „lege ferenda”.

• Details
• Contents