Field of Application, Theories and an Attempt to Define the Notion “Vice of Consent” in Contracts

Author

Chief Asst. Prof. Angel Shopov, PhD

Annotation

The starting point of that article deals with main doctrinal views on the scope of application of vices of consent in civil law. They are of different kind, minimally three - mistake, deceit and duress. A classical opinion states that the existence of every one of them conditions the same legal consequence - the nullification (avoidance) of contracts.

The author researches main trends of a probable enlargement of the field (or of the legal consequences) of application of vices of consent. He analyses different positions and concludes that Bulgarian doctrine shares the classical opinion on the scope of application of vices of consent.

Secondly, the contribution draws attention on theories of vices of consent and tests out their acceptability over Bulgarian legislative “catalogue” of different vices of consent. Main result of that point of the analysis is the conclusion that our national doctrine has not established a systematic study on vices of consent. Nevertheless, it could be clearly said that our leading scholars share psychological views on vices of consent.

In addition, the author analyses common features of vices of consent sketched by national civilian doctrine. On that ground he attempts to redefine the notion on this legal phenomenon. 

As a whole, the contribution is based on main foreign and national civilian literature; on national legislation and on Bulgarian case law.

Keywords

Vice of Consent (Vice of Will), Nullification (Avoidance), Contract

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