The protection of the Civil Code for those who defectively manifest their will due to an error in the declaration
Published 2025-08-29
Keywords
- Formulation of contracts,
- manifestation of will,
- error in the declaration,
- error-vice of consent,
- nullity
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Abstract
This paper examines how an error in declaration affects the defective manifestation of will and the various alternatives available to the contracting party suffering from it to protect their interests under the rules of the Civil Code. After analyzing the phenomenon and exploring the different solutions provided by legal doctrine and courts, the study proposes the categorization of the assumption within the rules of error as a vice, considering the need to weigh the various legally relevant interests involved.