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We can have :
Consentual act. It is one enforceable without being requested any formal conditions
for this. Such a contract is enforceable by simple agreement. They constitute the rule
in our law.
Formal acts. They are enforceable only if there are observed some additional formal
conditions other than the simple consent (e.g.: mortgage, selling the land).
Real acts. They can be enforced only if goods were delivered by one party to another.
Therefore the deliverance of the goods is requested not only to perform the act, but to
conclude it. (e.g.: the deposit contract, loan contract)
The consent. It is the partys intent to conclude the juridical act. In order to be
the basis for a valid contract, the consent has to fulfill the following conditions:
It has to exist. Any act concluded in the absence of the consent will be declared new
and void
It has to be externalized. The consent has to result from the words of the party or
even from his/her actions.
It has to be expressed by a person who is mentally competent to conclude the act.
It has to be expressed by a person who really intends to engage himself in a
juridical relation
It has to be genuine.
According to our Civil Code there is no valid consent. If the consent was given
because of mistake, was taken by force of procured by fraud.