QUALITY OF UNILATERAL WILL. DEFECTS OF CONSENT OF THE UNILATERAL CIVIL ACT

Abstract

The Romanian Civil Code establishes the principle that, unless otherwise provided, the legal regime of contracts applies mutatis mutandis to unilateral acts. Apparently, the theory of defects of consent would require a minor adaptation for the subject matter of the unilateral civil act, since, despite its dependence on a pre existing rule, called enabling, the will of the author remains essential for the unilateral production of legal effects. In reality, including in the field of contracts, determining the gap between reality and representation or between the real will and the declared will requires an objective element, often identified in the sphere of the co contractor. However, by hypothesis, it is missing in the case of the unilateral act.
The study proposes an examination of the defects of consent in unilateral civil acts, without ignoring the resistance of these acts to any attempt at theoretical systematisation.