Prejudicii şi reparaţii în materie de leziune

Damages and remedies in cases of lesion

Abstract

From the interpretation of article 1221 para. (1) Civil Code emerges the condition according to which the party benefiting from the imbalance must have come to profit from it in consideration of the state of need, lack of experience, or knowledge of the other party at the time of contract conclusion. In other words, the imbalance between performances must result from a situation where one party is in a more favorable position than the other, the former taking advantage of this, contrary to the principle of good faith.

What qualifies the value imbalance between the contracting parties' performances as lesion is the requirement that, on one hand, one of the contracting parties contracted in a state of need in relation to the contract, without this connection necessarily being direct, and on the other hand, that the other contracting party, aware of this state's existence, takes advantage of it.

It...