PAVLEFSHMËRIA RELATIVE
Creators: name: RAMA, Ina
Publisher: name: Zenodo
Year: 2021

description: This paper contains a short introduction of the relatively invalid legal transactions by comparing them with the absolutely invalid legal transactions within the meaning of establishing that invalidity and its consequences. Transactions performed under duress have also been analyzed as relatively invalid legal transactions (Article 96 of the Civil Code). The study analyses the differences between physical violence and duress, by specifying that the latter constitutes psychic violence, which makes the transaction performed under duress being flawed and, as such, incompliant with the inner will of the person performing it. In addition, there have also been analyzed the legal transactions performed under the conditions of error (Article 97 of the Civil Code) which is mistaken perception of the circumstances that are of importance for performing the legal transaction, leading to incompliance between the outer will and the inner will of that person, thus constituting ground to declare the invalidity of the legal transaction. Finding oneself under those conditions, the person performs the legal transaction by thinking that he/she is accomplishing a right desired by him/her, whereas in fact that person acquires rights that are quite different from the ones desired by him/her. The study also examines cases of legal transactions performed under the conditions of great need (Article 99 of the Civil Code). In any case, the great need is a state, which for the sake of its characteristics, vitiates the will of the person who incites someone to perform legal transactions, wherein the obligations assumed by one of the parties are quite insignificant compared to the advantages gained by the other party out of the legal transaction. A special category that has been analyzed also includes transactions performed by the attorney-in-fact (the representative) as well as legal transactions performed at the expense of the creditor. The Civil Code provisions, namely Article 100 and Article 102 covering the legal transactions performed by the attorney-in-fact target enabling the remedy of consequences deriving as a result of a legal transaction that was not performed by the participating party itself, but by an attorney-in-fact specially appointed by that party. In those cases, the law defends the interests of the party who bears the consequences of the legal transaction. The court can declare invalid those legal transactions performed by the attorney-in-fact in the name and on behalf of the principal (the represented party), where the will of the attorney-in-fact is flawed. The study also analyzes the provisions of Article 607 of the Civil Code which envisage a special case for the relative invalidity, wherein differently from other cases, there is no flawed will, either by the party itself or principal, but a situation of transactions performed in compliance with legislation, either in form or content. Legal action can be taken against those transactions when establishing that their main goal was not the fulfillment of rights reflected in their content, but the reduction of assets for one party which is a debtor under another contractual relationship in order to avoid the execution of the respective liability.