IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v8y2019i2p216-223.html
   My bibliography  Save this article

Lesion In Contracts Between Professionals

Author

Listed:
  • Eugen Sarbu

    (Faculty of Law, University of Bucharest, Romania)

Abstract

The current study aims to bring to the foreground a practical perception of lesion, both as a vice of consent and as a mechanism for balancing a contract, by putting this institution in the context of modern economic reality. Section I offers a short historical analysis of lesion in Romanian law, presenting the innovation brought by the Civil Code in force and the applicability of lesion in professional relationships. Section II aims to explain the particularities of this vice of consent regarded as a contractual imbalance. Section III offers an analysis of the conditions of existence of lesion, by contextualizing them in relations between professionals. Section IV introduces an analysis of the way in which the institution of lesion, when correctly put into practice by the interpreter of the law, could influence business actors when making decisions in the phase of concluding the contract. Section V refers to the application of lesion by courts and to the effects produced by this institution. Classification-JEL: K12

Suggested Citation

  • Eugen Sarbu, 2019. "Lesion In Contracts Between Professionals," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 8(2), pages 216-223, December.
    • Handle: RePEc:sja:journl:v:8:y:2019:i:2:p:216-223
    as

    Download full text from publisher

    File URL: http://www.adjuris.ro/revista/articole/an8nr2/5.%20Eugen%20Sarbu,%20Lucrarea%201.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    lesion; professionals; business medium; contractual balance; economic analysis of contract; disproportion of benefits.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:8:y:2019:i:2:p:216-223. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/ssjarea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.