SPECIAL LEGAL REMEDIES APPLICABLE TO LEGAL ACTS AFFECTED BY CERTAIN CATEGORIES OF CONSENT VICES, IN THE REGULATION OF THE CIVIL CODE Cover Image

REMEDIILE LEGALE SPECIALE APLICABILE ACTELOR JURIDICE AFECTATE DE ANUMITE CATEGORII DE VICII DE CONSIMŢĂMÂNT, ÎN REGLEMENTAREA CODULUI CIVIL
SPECIAL LEGAL REMEDIES APPLICABLE TO LEGAL ACTS AFFECTED BY CERTAIN CATEGORIES OF CONSENT VICES, IN THE REGULATION OF THE CIVIL CODE

Author(s): Titus Prescure, Roxana Matefi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: consensus; vice; remedy; confirmation; adaptation; nullity;

Summary/Abstract: This article proposes an analysis of the legal means that the legislator of the Civil Code makes available to us as legal remedies for the "saving" of legal acts affected by any of the vices of consent that may affect a free manifestation of a person’s legal will. Analysing the legal provisions governing the confirmation of the legal act affected by the relative nullity or the adaptation of the contracte, we come to the idea that the intention that guides the legislator is to give valency to the principle according to which actus interpretandus est potius ut valeat, quam ut pereat.

  • Issue Year: 2018
  • Issue No: 12
  • Page Range: 19-29
  • Page Count: 11
  • Language: Romanian