Editura Universitara Essential conditions for the validity of the contract

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ISBN: 978-606-28-0485-5

DOI: 10.5682/9786062804855

Publisher year: 2016

Pages: 234

Publisher: Universitară

Author: Vasile Patulea

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According to art. 1179 of the Romanian Civil Code, the conditions for the validity of a contract are the following: A. ability to contract; B. the consent of the contracting parties; C. a determined and lawful object; D. a lawful and moral clause; E. the form of the contract, when the law provides for a certain form of it.

These conditions are, in fact, necessary for the validity of any civil legal act, the manifestations of will that do not respect them not being able to produce the effects that the law recognizes to such a legal operation.
The conditions of the legal act mean those components that must or can enter the structure of the civil legal act.

These structural elements (essential conditions of validity) are specific to all contracts, therefore they can also be called general conditions. To these may be added, sometimes, in the case of certain categories of contracts, other conditions of a special nature, expressly provided by mandatory legal rules.
  • Conditiile esentiale pentru validitatea contractului

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Vasile Patulea

A. Capacity of the contracting parties / 9
a) The relations between the rights of persons and the law of obligations / 10
b) The relationship between the contract concluded by persons having or not the capacity to exercise and the mechanism of representation / 11
c) The consequences of the lack of simultaneity in issuing consents in the case of acts of disposition fulfilled by the incapable / 13
d) The will is not free and taken into full knowledge when it emanates from a person who, either due to his age or due to his mental faculties is not able (able) to appreciate the extent of his act / 14
1. Mental disorders / 14
2. Child without discernment / 17

B. Consent of the Contracting Parties / 19
a) Definition and component elements / 19
b) Protection of consents / 20
I. Protecting the consent of a person who has no discernment / 23
II. Protecting consent from defects in consent / 24
1. Error / 25
2. Dolul / 46
3. Violent / 52
4. Injury as a vice of consent / 62
III) Consent in full knowledge of the facts and obligation to inform / 67

C. The determined and lawful object / 85
a) The determined and lawful character of the object / 88
b) The conformity of the object of the obligation with the public order and the good morals / 107
c) Balance of benefits / 121
d) Abusive clauses / 137

D. The lawful and moral cause / 151
1. The cause of the contractual obligation / 153
a) The notion of cause of obligation / 154
b) Proof of the cause of the obligation / 160
c) The utility of the cause of obligation / 166
2. The cause of the contract / 181
a) The cause of the contract and the error of consent defect / 185
b) The cause of the contract and the contractual interdependence / 189
c) Control of reasons by the judge / 197

E. Form of contract / 204
1. The extent of consensualism / 205
a) Attenuation of consensualism within the relationship between the contracting parties / 206
b) Attenuation of the principle of consensuality regarding third parties / 209
2. Exceptions to the principle of consensualism / 210
a) The solemn contract / 211
b) The real contract / 224

According to art. 1179 of the Romanian Civil Code, the conditions for the validity of a contract are the following: A. ability to contract; B. the consent of the contracting parties; C. a determined and lawful object; D. a lawful and moral clause; E. the form of the contract, when the law provides for a certain form of it.

These conditions are, in fact, necessary for the validity of any civil legal act, the manifestations of will that do not respect them not being able to produce the effects that the law recognizes to such a legal operation.
The conditions of the legal act mean those components that must or can enter the structure of the civil legal act.

These structural elements (essential conditions of validity) are specific to all contracts, therefore they can also be called general conditions. To these may be added, sometimes, in the case of certain categories of contracts, other conditions of a special nature, expressly provided by mandatory legal rules.

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