Wady oświadczenia woli (Defects of Declaration of Will)

Definition

• A declaration of will is any behavior of a civil law entity that sufficiently reveals the intent of that entity to produce effects in the sphere of civil law.
• Criteria for a valid declaration of will:
  • Freedom: Must not be made under physical coercion.
  • Understandability: The meaning must be determinable.
  • Serious Intent: Made with the genuine intention of producing civil law effects.

Types of Defects in Declaration of Will

1. Lack of Awareness or Freedom (Art. 82 k.c.)

   • Occurs when made by a person in a state excluding conscious or free decision-making, e.g., due to mental illness, intoxication, or hypnosis.
   • The burden of proof lies on the person claiming the defect.
   • Such declarations are absolutely void.
   • Persons fully incapacitated do not need to claim lack of awareness or freedom, as most of their actions are inherently void. Partially incapacitated persons can contest based on Art. 82 k.c.

2. Pretence (Art. 83 k.c.)

   • Declaration made for show, with mutual awareness and agreement.
   • Two types:
     • Absolute Pretence: No legal action is intended under the semblance.
     • Relative Pretence: A different legal action is concealed under the pretence.
   • Does not affect the validity of further legal actions made by third parties in good faith.

3. Error (Art. 84-85 k.c.)

   • Misunderstanding or lack thereof about the true state of affairs.
   • Types:
     • Error Sensu Stricto: Declaration matches intent but is based on a misunderstanding.
     • Mistake: Discrepancy between intent and declaration content.
   • Legal significance if it concerns the content of the legal action and is significant.
   • Can rescind legal effects if error is proven, within a year of its discovery.

4. Fraud (Art. 86 k.c.)

   • Deliberate misrepresentation to induce a specific declaration of will.
   • Can nullify a legal action even if the error induced was not significant.
   • Treated on par with fraud by a third party if the party knew and did not inform the other party.

5. Duress (Art. 87 k.c.)

   • Coercion to make a declaration against one’s will.
   • Must be illegal and significant, causing fear of harm to oneself or another.
   • Can rescind within a year of the end of the fear state, nullifying the legal action from the start.

Legal Consequences of Defective Legal Actions

• Absolute Nullity: Action produces no effects from the start, recognized by law.
• Voidability (Relative Nullity): Action is valid but can be annulled via declaration or court ruling.
• Suspended Ineffectiveness: Action requires third-party consent to be effective; can be nullified if consent is not given.
• Relative Ineffectiveness: Action remains effective for some but not for certain others, especially to protect third-party interests.

Additional Notes

• Civil code provides specific sanctions for defective legal actions.
• Key references include civil law management and operational activities and various legal assessments and judgments.

Thank you for your attention!