Despre contract în varianta sa iraţională
About the contract in its irrational version
Author(s): Gheorghe PipereaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: contract; freedom of will; emotional acquisitions;
Summary/Abstract: According to the "canons" of the new (old) Romanian Civil Code, the contract should be an option, a manifestation of freedom of will (seen as a psychic function of conscious orientation of man towards the achievement of goals, characterized by the effort made to achieve them) and of reason. In this traditional sense, the intention guided by the rational cause of the contract would be the conscious will to contract. The economic or legal decisions of each individual are determined by the mental, emotional and cultural patterns in which they are anchored. Just as deliberative thinking is less and less present in our actions, reason is increasingly evicted from contracts, in favor of the irrational, short-sighted judgments and stereotypes. Therefore, the assumption that any contract is an act of conscious and free will assumed is a serious conceptual mistake.
Journal: Curierul judiciar
- Issue Year: 2018
- Issue No: 12
- Page Range: 672-677
- Page Count: 6
- Language: Romanian
- Content File-PDF