What is error?

The error is a vice of consent that refers to the false representation of reality that induces one of the parties to celebrate the legal act.

In order for it to be considered as a vice of consent and the legal act can be annulled, the error must refer to essential aspects of the object of the legal act, in such a way that the affected person would have made a different decision if they had known reality correctly.

The error must be proven by whoever alleges it. Any document, witness, expert or other means that demonstrates that the error was essential, relevant and excusable can serve as evidence.

For example, if a person decides to sell their house mistakenly believing that it has a solid foundation and no structural problems, but later discovers that the house has serious hidden damage, this mistake about the substance of the object (the actual condition of the house) could be relevant to cancel the sale.

Related concepts

• Vices of consent
• Fraud
• Intimidation
• Violence
• Legal act
• What are the essential aspects of the object of a legal act?
• Annullability
• Nullity