Proposal for the interpretation of the vices of will in non-parity relations; [Proposta interpretativa dei vizi di volontà nei rapporti di non-parità]

Cortina Gonzales P.; Varsi-Rospigliosi E. · Prudentia Iuris (2025) · DOI: 10.46553/prudentia.99.2025.1

Resumen

Vices of the will are situations in which, in the formation of the will, something undesired has been manifested, either because the will was influenced by coercion or by the risk of harm, because it was maliciously induced or by a false representation of reality; Faced against this, the law provides the remedy of voidability. The regulation of the defects of will was designed for relationships between subjects under equal terms, ignoring the cases in which the parties are unequal, as in the case of persons with disabilities, compromising the civil and consumer acts to which they are part. A new interpretation of the defects of the will is required to allege the invalidity of the acts in which the agent has not been able to interpret reality and give a correct manifestation of will, all in line with the protective role of civil law.

Instituciones: Universidad Nacional Mayor de San Marcos