Comparative View on Hidden Vices and Vices of Consent (Error, Fraud) in the Hypothesis of the Sales Contract

Abstract

The study that we will undertake is going to capture a comparative analysis of the aspects related to the vices of consent (error and fraud) and hidden vices. In practice, in the case of a sales contract, the same situation can be classified both in the category of hidden vices and in the category of consensual vices (error or fraud). So, the problem that arises in such cases is: can the buyer opt either for the liability action for hidden vices, or for the nullity in action for error or fraud, or is he obliged to promote only one of them? Specifically, the research aims to highlight the possibility that a circumstance can be qualified simultaneously as both a hidden vice and a vice of consent, also providing clarifications for the practical solution of this situation.

Keywords

• hidden vice
• consensual vice
• error
• fraud
• liability action for hidden vices
• action for annulment for vices of consent