THE DISCERNMENT-REQUIRMENT FOR THE VALIDITY OF CONSENT

Abstract

The provisions of the Civil Code 2009 have not sufficiently clarified the issue of lack of discernment upon conclusion of a juridical act. This study represents an attempt to clarify some of the aspects of this matter, that have been rarely analysed by the Romanian doctrine.

Keywords

• discernment
• civil capacity
• consent
• presumption
• factual situation