IDEAS home Printed from https://ideas.repec.org/a/tec/aaequi/v7y2017i1p34-40.html
   My bibliography  Save this article

Dolul in reglementarea noului Cod civil

Author

Listed:
  • Vlad Stancescu

    (Ovidius University of Constanta)

Abstract

The bottom is that vitiation of consent in the regulation of the new Civil Code, which is to mislead a person by gruesome means to get her to conclude a legal act. A novelty element is that the new regulation has renounced the distinction made in the Romanian private law, between the dolus malus and the dolus bonus, that is, between the heavy and the lightweight. The old regulation has taken this distinction according to the consequences it has or not on the validity of the legal act, the difference between the main issue and the inferior incident. Thus, the dolus dans causam contract was that which concerned important circumstances at the conclusion of the legal act, interfering with the sanction of its relative nullity, while dolus incidens related to non-limiting circumstances for the conclusion of the legal act, the act remaining valid.

Suggested Citation

  • Vlad Stancescu, 2017. "Dolul in reglementarea noului Cod civil," Ars Aequi, Universul Juridic, vol. 7(1), pages 34-40, December.
    • Handle: RePEc:tec:aaequi:v:7:y:2017:i:1:p:34-40
    as

    Download full text from publisher

    File URL: https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/18
    Download Restriction: no
    File URL: https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/18
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    dol; consensus; civil delict; provoked error; cunning;
    All these keywords.

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

    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:tec:aaequi:v:7:y:2017:i:1:p:34-40. 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: Tanase Tasente (email available below). General contact details of provider: .

    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.