Distincţia pe planul efectelor între lipsa capacităţii de exerciţiu, stare de drept care prezumă lipsa discernământului şi lipsa discernământului, stare de fapt ca viciu de consimţământ la încheierea unui act juridic. Inexistenţa motivării instanţei de apel, motiv de casare de ordine publică

Distinction in terms of effects between lack of legal capacity, a state of law which presumes lack of discernment, and lack of discernment, a state of fact as a defect of consent to the conclusion of a legal act. Absence of a statement of reasons by the court of appeal, a ground for reversal on grounds of public policy

Abstract

Discernment is a state of fact, while capacity to act is a state of law, and the two institutions are not equal in terms of the effects that their absence has on the conclusion of legal acts.

Thus, the lack of discernment of the party at the conclusion of a contract, which has been proven in this case, is a defect of consent which renders the contract voidable under Article 1.20...