Dolul în reglementarea noului Cod civil

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.