Defects of consent (vitiated consent)
Circumstances nullifying the validity of contractual consent: mistake (false representation of reality, essential and excusable), fraud (deceit induced by the other party), violence (physical force) and duress (serious and unjust threat). The time limit to bring a nullity action for defective consent is 4 years from contract completion (Art. 1301 CC).
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Other Civil law terms
The portion of an estate that the law reserves for certain heirs (forced heirs): descendants, ascendants and spouse. It cannot be overridden by will except for legal grounds of disinheritance.
Mortgage clause setting a minimum interest rate, preventing the borrower from benefiting from Euribor drops. Declared abusive due to lack of material transparency (STS 9/5/2013).
Public document granted before a notary by which one person (grantor) authorizes another (agent) to act on their behalf for specific or general legal acts.
Obligation to repair damage caused to another by culpable or negligent action or omission, without a prior contractual relationship. Requires action, damage, causal nexus and fault or negligence.
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