Contradicţia antagonică dintre adevărul juridic şi aparenţa în drept

Av. lector univ. dr. Raluca Ştefania LAZĂR

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Keywords: theory of apperance, error communis facit jus, good faith, error, mandate, property.

The antagonistic contradiction between legal truth and appearance in law

Abstract

In this article we aim to analyze some aspects of the theory of appearance in law, known as "error communis facit jus". It is widely applicable and it justifies the recognition in favor of a third party of the legal effects of an apparent situations, if it is proven his good faith - the fact that he was, at the time of the conclusion of the act with the apparent holder of the right, in a common and invincible error. We have also analyzed the apparent mandate and apparent property, focusing our efforts on the essential criteria for these practical applications of the theory of appearance to produce legal effects. "Error communis facit jus" involves...