Comparative Law Survey on the Innovations of the New Romanian Civil Code in the Matter of Errors as Vice of Consent
Comparative Law Survey on the Innovations of the New Romanian Civil Code in the Matter of Errors as Vice of Consent

Summary/Abstract: In the new Civil Code, the consent, along with capacity, subject matter and cause, is regarded as one of the prerequisites for the valid conclusion of an agreement (art. 1.179 NCC, which reiterates the provisions of art. 948 of the Civil Code of 1864). The consent means the agreement of the parties on the conclusion of a certain contract; therefore, it is also called an agreement of will, and it is often used under this name in the legislation. One of the essential and fundamental conditions of consent is that it should not be flawed and that it should be freely expressed, in other words, it should not be affected (altered) by any of the vices of consent and that it should be expressed following documentation, that is the party giving their consent for the conclusion of a contract should have full discernment and be correctly informed concerning all the contractual clauses.Validly expressed consent is an essential concept in contract law, as only such consent may be the grounds for the legal relationship of the parties signing a covenant, whereas the vices of consent are those circumstances affecting the agreement of a party upon the conclusion of a contract.It is our intention herein to deal with one of such vices of consent, from the perspective of comparative law, as well as from that of a comparison with the former regulation; however, we will approach only the novelties that are worth being highlighted in order to provide a full clarification on the actual innovations of our civil code.

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