Vices of consent concerning the civil legal act

AuthorRoxana Denisa Vidican - Ionel Didea - Diana Maria Ilie
PositionFaculty of Juridical and Administrative Sciences,Agora University of Oradea, Romania - Faculty of Economics and Law, University of Pitesti, Romania - Legal and Human Resources Department, University of Pitesti, Romania
Pages107-112
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2017), pp. 107-112
107
VICES OF CONSENT CONCERNING THE CIVIL LEGAL ACT
R.D. VIDICAN, I. DIDEA, D.M. ILIE
PhD student Roxana-Denisa VIDICAN
Faculty of Juridical and Administrative Sciences,Agora University of Oradea, Romania;
Faculty of Law, Doctoral School, TituMaiorescu University, Bucharest, Romania.
*Correspondence: Roxana-DenisaVidican, Agora University of Oradea, 8 PiaţaTineretului
St., Oradea, Romania
E-mail: vidican.roxana@yahoo.com
PhD ProffessorIonel DIDEA
Faculty of Economics and Law, University of Pitești, Romania;
Faculty of Law, Doctoral School, TituMaiorescu University, Bucharest, Romania,
*Correspondence: IonelDidea, University of Pitești, 1 Târgu din Vale St., Pitești, Romania
e-mail: prof.didea@yahoo.com
PhD studentDiana Maria ILIE
Legal and Human Resources Department, University of Pitești, Romania;
Faculty of Law, Doctoral School, TituMaiorescu University, Bucharest, Romania.
*Correspondence: Diana Maria Ilie, University of Pitești, 1 Târgu din Vale St., Pitești,
Romania e-mail: dianamaria.ilie@yahoo.com
ABSTRACT
"The right is the totality of the conditions under which the will of each can coexist with the
will of all, according to a universal law of freedom".Immanuel Kant.
The requirement that the expression of will to be uncorrupted is a legal necessity, but also a
guarantee of compliance with the principle of freedom of civil legal acts, the real principle of
will and the principle of law which enshrines the legal equality of the parties to civil legal
relationship since the legal civil act must be the consequence of a volitional attitude, free and
conscious expressed
KEYWORDS: civil legal act, consent, vices of consent, error, fraud, violence, injury.
INTRODCTION
The Civil code expressly states in art. In 1166 the notion of contract as wills agreement
between two or more persons with intent to establish, modify or extinguish a legal report.
Essential for civil legal act is the manifestation of will of the party or parties and their
intention on it to produce, within the objective law, legal effects.
1
Examination of legal will is
required in this context because, as we know, civil legal act is exactly a manifestation of will
committed with the intent to produce legal effects.
In order for the civil legal act to produce legal effects and to be fully valid, as it follows from
the above, it is necessary for the will to be uncorrupted. This condition is fulfilled when the
will is free and undisturbed in its manifestations.
2
The manifestation of will may be expressed precise or tacitly and is “thecore” of the civil
legal act, the one that sets in motionthe creation of the legal act, so when it's missing this will
we are dealing with a legal act. The will is psychological and appears as a complex
1
Muţiu, M. I., (2001), Drept civil. Parteageneralăşisubiectele, Oradea, EdituraI mprimeriei de Vest, p. 90
2
Hamangiu, C., RosettiBălănescu, I., Baicoianu, Al. Tratat de dreptcivilroman, vol.I, Bucharest, EdituraAll,
p.81.

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