NULITATEA DESFACERII CĂSĂTORIEI

Abstract

The marriage is, par excellence, concluded intuitu personae, its annulment appearing naturally only in certain carefully regulated scenarios. Most legislation promotes a derogatory regime from the common law rules regarding the error-vice of consent in the matter of marriage. In the related subsections, we set out to expose the Romanian law’s view on the error in the matter of marriage, as well as the error on the substantial qualities of the person - vice of consent in comparative law. Therefore, the French doctrine suggests the courts referred to a nullity action to assess the possible repercussion of the discovery of the error on the couple’s life and to pronounce the nullity only if the joint life of the spouses has become unbearable, in analyzing the determining nature of the error on the essential quality it is necessary to the purpose of marriage is taken into account at the time of assessment: the building of a life together that involves respecting the obligations of fidelity and mutual help.