Doctrină şi jurisprudenţă europeană în materia leziunii ca viciu de consimţământ
European doctrine and jurisprudence in the matter of lesion as a defect of consent

Summary/Abstract: The act as negotium represents the will expressed in order to produce legal effects. As an instrumentum probationis, the legal act represents the activity concluded. In order to be valid the legal act must fulfill certain conditions: the capacity of the person who concludes the act, the consent, the object of the act and the cause. The consent in void if it is affected by vitiating factor: misrepresentation, fraud, violence or lesion. In order to be a vitiating factor, the lesion must concern an act concluded by a minor in the absence of the consent of his legal representative. The domain of this vitiating factor concerns only the acts which concern the administration of a good or of a patrimony. The abovementioned vitiating factor cannot be present in an act concluded by a person above 18. If there is a case, where a person above 18 was mislead to conclude an act by another person who profited of the ignorance of the contractor, then there is the possibility to declare in the court the absolute nullity of the act on the ground of immoral cause.

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