Error. Brief remarks on the legal novelties on error

Abstract

We will start by noting that an absolute novelty is to be found in the New Civil Code concerning the nature of error, which may lead to contract nullity. The novelty resides in the new Civil Code regulating expressly the error of law as a case of the voidance of a contract, obviously under strict circumstances. Also new (however, in our opinion only relatively new, as the doctrine mentioned these aspects under the former law) is de lege lata regulation of the inexcusable error.

However, it is very important that, for the first time, the Civil Code distinguishes accurately and restrictively between the cases where a error is deemed as essential and may lead to the voidance of the deed; it is also of interest that, although essential, this type of error may be confirmed. And there are the concepts of assumed and calculation errors, which were not provided for in the former Civil Code.

Finally, another novelty in the matter is the adjustment of a contract in case of error, a measure that could not be ordered under the former civil code, where a error could lead, under certain circumstances, to contract nullity.

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