O analiză a leziunii în contractele de afaceri

Rezumat

This paper concerns the application of lesion in business agreements, predisposed to asymmetries both as negotiated contracts and as standard contracts, and subject to ethical values according to which situational advantage taking is part of the natural business conduct. This study aims at applying law and economics filters to some of the structural elements, conditions and effects of lesion, in order to critically discuss whether this mechanism, originally unspecific for business agreements, is prepared for a significant extension of its scope, whether an adaptation of the tests incurred by finding and sanctioning lesion is needed, and correlatively whether its regulation implicitly sets up new standards of business conduct. The author raises the problem of the duty of transactional care devolved on the advantaged party and discusses the „advantaged party’s dilemma”.