VICE OF THE LEGAL ACTS: INJURY

Abstract

The objective of the present work is to examine the essential elements for the origin of the injury vice based on the resolution issued by the First Chamber of the Civil and Commercial Law of the city of Córdoba in the documents entitled: “Cheble, Abdón Antonio c / Raisz, Alberto José - Ordinary. Simulation. Fraud. Nullity”- (Sent. No. 65 dated 06/29/2021). The work was motivated in the following question: To what extent can I avoid the autonomy of the will made explicit by the contracting parties in the contract / legal act?
To this end, we will examine whether “in truth we are faced with a situation of economic, psychological or psychological inferiority of one of the parties (weak party), compared to another (party in a state of superiority) that exploiting that need or taking advantage of their situation of superiority, the superior party obtained innocuous advantages in the contract whose nullity was sought; or if
it was simply a voluntary, lawful act, performed in good faith by both parties. The injury is an exception to the rule, which should not be used to evade the obligation to fulfill the contract. For this reason, it is considered to be of a restrictive interpretation, having to opt, in case of doubt, for compliance, so as not to dismiss the principle of security in legal acts.