PATHOLOGY OF THE LEGAL WILL BETWEEN LACK OF DISCERNMENT AND VICES OF CONSENT

law[at]law.ubbcluj.ro

Abstract

Consent is one of the conditions for the validity of any legal act. According to the law, consent is only valid if it is serious, free and informed. In Romanian law, taking into account the provisions of Article 1.205 of the Civil Code, it is considered that a legal act concluded by a person of full age who is not under special guardianship is invalid only when it is proved that he was without discernment at the time of expressing his will. In other legal systems compatible with our law, however, it has been held and demonstrated that there may be situations in which a legal act concluded by a person of full age who is not under special guardianship may be invalidated even if he was not without discernment at the time of expressing his will. The study presents the legal situations and arguments underlying these more nuanced conceptions than those of our law.