Despre eroarea - viciu de consimţământ în noul Cod civil (I)

Cornelia TĂBÎRŢĂ

avocat colaborator

Ţuca Zbârcea şi Asociaţii

ABSTRACT

The Civil Code of 1864 assigned one Article to the error - vice of consent, hence, the majority of the issues and considerations related to the error being built and debated at a doctrinal level. The new Civil code has another approach. The regulation of error is more abudant, i.e. seven Articles insted of one Article, some of the regulated issues being the ones already debated at doctrinal level under the Civil Code of 1864, e.g. error of law, error as regards the reasons, excusable error, etc. At this point said debates either gain a stronger importance or require an analysis of the relevance under the new Civil code. Examples of new concepts and approaches under the new Civil code as regards error would be the regulation of the relative nulity of the contract concluded in error regardless of the elements bearing the error, adaptation of contract -...