romanian english

Luiza-Cristina GAVRILESCU: Considerations on consecration of the lesion in the New Civil Code

Abstract:  The lesion as a vice of consent consists in the obvious disproportion between the mutual benefits of the parties have entered into a commutative act for consideration. Lesion has a complex structure wherein the substantial element is accompanied by the intentional one. In case the lesion is affecting on minors, the legal requirements for qualifying it as a vice of consent are more permissive, both in terms of assessing the amount of the damage caused by it and by the moment until the disproportion must subsist. At the same time, the lesion affecting  minors has a narrower scope, both in terms of persons who can invoke it and in terms of acts likely to cancel. Unlike other vices of consent, in the case of the lesion, special rules apply concerning: the beginning of the period for prescription, its duration and its invocation by way of exception.

Keywords: lesion,  vice of consent, commutative contract, disproportionate benefits,state of need


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