AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: MIRCEA-DAN BOB.
DOI: 10.24193/SUBBiur.64(2019).4.2
Published Online: 2019-12-31
Published Print: 2019-12-31
pp. 50-67
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While searching through family papers, I discovered some sale contracts concluded a hundred years ago by one of my ancestors. Their clauses were constantly referring to the §934 ABGB’s provisions on laesio enormis. It is the object of my paper to give an account on the application of this text in Romanian historical province of Transylvania, by comparing it to its Roman origins: how was the Roman law solution received in the ABGB? What was the extent of its application into practice? Did it succeed to stay true to its original sense? The ultimate purpose of the whole analysis will be to give a brief legal history account on the lesion, to help nowadays debates on its status in the recently revised Romanian civil code.
Keywords: lesion, laesio enormis, Roman law, contracts, sale, price, vice of consent.
