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Article 178. Inviolability of a transaction made under the influence of a fundamental error

📅 Updated: 30.09.2026

1. A transaction made under the influence of error may be declared null and void by the court on the claim of the party acting under the influence of error if the error was so substantial that e.g. 2. If the conditions provided for in paragraph 1 of this article were present, the party would not have made a transaction if it had known of the actual situation. is deemed to be sufficiently substantial, in particular if: (1) the party has made a manifest reservation, a list, a typing, etc.; (2) the party is mistaken as to the subject matter of the transaction, in particular such that the transaction involves the following: (3) the party is mistaken as to the nature of the transaction; (4) the party is mistaken as to the person with whom it enters the transaction or the person with whom it enters the transaction. with respect to the transaction; (5) the party is mistaken as to the circumstance that it refers to in its will or from which it is manifest to the other party, 3. Misapprehension as to the reasons for the transaction is not essential enough to render the transaction invalid. 4. A transaction cannot be declared invalid on grounds prior to the transaction. as provided for in this article, if the other party agrees to maintain the validity of the transaction on the terms and conditions on which the party acting under the influence of error was based. 5. The court may refuse to declare the transaction null and void if the error is influenced by the influence of the transaction. which the party to the transaction had acted in such a way that it could not be recognized by a person acting with the usual discretion and taking into account the content of the transaction, the circumstances involved and the characteristics of the transaction. 6. If a transaction is declared invalid as having been made under the influence of error, it shall be subject to the rules laid down in article 167 of the present Code. is known to be invalid, is obliged to compensate the other party for the actual damage caused to it as a consequence, except where the other party knew or ought to have known that there was a mistake the party whose claim is declared null and void has the right to seek compensation from the other party for the damage caused by the transaction. If it proves that the error arose from the circumstances for which the other party is responsible.