| Abstrakt: |
This paper deals with the notion of consent, but also with its validity requirements, regarding the civil legal act. The civil legal act is one of the central institutions of civil law and, at the same time, the most important source of obligations, in particular the contract - which is a category of civil acts. The conditions of validity of the civil legal act are essential elements without which a civil legal act can not exist, as well as the requirements that each of these elements must fulfill. They orbit around the individual, being the main decision maker. The following text refers to the fact that, in doctrinaire, it has been appreciated that these conditions concern both the contracts and the unilateral acts. On the other hand, the conditions of validity of the consent may be supplemented by others and established by law, by special provisions, or by the parties. The valid civil legal act concluded under the Civil Code requires the fulfillment of four conditions or elements of validity. As a general rule, in order to be valid, consent must emerge from a person with discernment, be expressed with the intent to produce legal effects, be externalized and not be vitiated, that is to say, a lawful cause. By consent is meant the exteriorization of the decision to conclude a civil legal act. [ABSTRACT FROM AUTHOR] |
