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Error
Actualizado
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
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Contracts
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- Commercial partner agreement
- Convertible participatory loan
- Receipt of delivery of goods and/or services
- Annexation contract of co-founder or employee with equity
- Statutes of a Limited Liability Company without a Defined Administrative Body
- Statutes of a Limited Liability Company with Joint Administrators or co-Administrators
- Statutes of a Limited Liability Company with a Sole Administrator
- Statutes of a Limited Liability Company with a Board of Directors
- Business plan
- Customer Reference Agreement
- Investment agreement
- Distribution contract
- Computer systems maintenance contract
- Trademark use license agreement
- Agency Contract
- Corporate administration contract
- Contract of carriage of goods
- Commercial commission contract
- Contract for the assignment of patents, utility models and industrial designs
- Leasing contract
- Software Assignment Agreement
- Minutes
- Contract for the provision of business management and management services
- Contract for the trade of stakes
- Commercial order letter
- Joint Venture Agreement
- Mutual NDA or Non-Disclosure Agreement
- Unilateral NDA or Non-Disclosure Agreement
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Dudas legales
- What is the difference between a typical contract and an atypical one?
- What is the difference between fortuitous event and force majeure?
- How do ADRM differentiate?
- How is the value of a company usually determined?
- What does it mean to be a «partner» in a company?
- What does it mean for a company to have limited liability?
- What happens if the protection of an industrial property right is not renewed?
- Who can enter into a contract?
- Who can enter into a contract?
- When is a jurisdiction and applicable law clause valid?
- What are the differences between a relationship being labor or commercial?
- How can a contract be enforced against a third party?
- Differences between social statutes and shareholders' agreement
- What does it mean that a contract does not produce any legal effect?
- What happens if an essential clause is missing from a contract?
- What are the particularities of public-private contracting?
- Differences between an agency contract and a commission contract
- What are the differences between lease and sale?
- In the field of commercial law, what is the general interest?
- What could I do if I see that one of the parties has breached the provisions of the contract?
- What are the differences between a Limited Company and a Limited Company?
- Joint and joint and several liability, in what do they differ?
- What is the governing body in a company?
- What is the basis of collective agreements at the labor level?
- When is a dismissal considered void?
- When is a dismissal considered unfair?
- When is a dismissal considered fair?
- What limitations does the principal have on the agent?
- What is a right to repurchase shares or stakes?
- What type of purpose do trademark license assignments usually have?
- What are the modalities of a distribution contract?
- Why is competition important in commercial law?
- What is the difference between a deposit and a guarantee?
- What are the essential aspects of the object of a legal act?
- What is the difference between nullity and annullability?
- What does the expression «not be contrary to the law, morality or public order» mean?
- What are the differences between a real action and a personal action?
- What are the differences between the force majeure clause, rebus sic stantibus and excessive onerousness?
- What differences are there between the concept of force majeure and that of excessive burden?
- Consequences of not including a jurisdiction and applicable law clause in a contract
- Is copyright and intellectual property the same?
- What is the maximum duration of an exclusivity clause in Spain?
- Are exclusivity clause and full dedication clause the same?
- What is financial compensation in an exclusivity clause?
- What is the difference between a termination clause and an early termination clause?
- What is the difference between a public contract and a private one?
- What does it mean to notarize into public deed?
- Is it mandatory to have a shareholders agreement?
- What are the differences between a share and a stake?
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Glossary
- Abuse of power
- Donation
- Company
- Abuse of rights
- Trade union
- Retroactivity
- Usufruct
- Typical contract
- Arrears
- Trade
- Obligations to do and not to do
- Procedural law
- Payment-in-Kind
- «Streamer»
- Nominal value
- Pre- and post-money stake
- Sentence
- MVP (Minimum Viable Product)
- Startup
- Co-founder
- Employee with equity
- Capitalization table («Cap Table»)
- Venture capital
- Pitch
- Equity
- Opinio iuris
- Ombudsman
- Public deed
- Deposit
- Collective bargaining agreement
- Social capital
- Erga omnes efficacy
- Inter partes efficacy
- Negotiation
- General principles of law
- Sources of law
- Legal doctrine
- Custom
- Law (Generic concept)
- Legal relationship
- Good faith
- Protective principle in labor law
- Residual price
- Joint ownership
- SWOT analysis
- Businessperson
- Management board
- Preferential acquisition right
- Guarantee
- Commission
- Sublease
- Property
- Down payment
- Legal good
- Work trial period
- Annullability
- Error
- Intimidation
- Violence
- Vices of consent
- Dispositive norm
- Imperative norm
- Labor law
- Commercial law
- Civil law
- Principle of legality
- Private Law
- Public Law
- Nullity
- Atypical contract
- Legal act
- Personal rights
- Debtor
- Creditor
- Real action
- Personal action
- Fortuitous event
- Excessive hardship
- Fruit
- Force majeure
- Related rights
- Employment notice period
- Bad faith
- Mens rea
- Fault
- Right of first refusal and withdrawal
- Notary
- Arbitration award
- Arbitrator
- Mediator
- Invoice
- Limited Company
- Public Limited Company
- Dividends
- Ordinary shares
- Preferred shares
- Nominees shares
- Bearer shares
- Jurisprudence
- Assignment of rights
- Non-Disclosure Agreement (NDA)
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Clauses