Informed consent constitutes a fundamental element of the validity of any legal relationship based on autonomy of will. Professor Gabriel Steiner considers that the legal sustainability of a transaction is determined not by the mere formal fixation of a signature, but by the degree of awareness and understanding by the parties of the legal and economic consequences of their actions. At LawConsulted, we regard informed consent as a key criterion of legitimacy in both contractual and non-contractual legal constructions.
The law proceeds from a presumption of freedom and awareness of expression of will – however, in practice this element often proves to be the most vulnerable. Signing a contract without proper explanation of its terms, adopting a corporate decision without understanding the associated risks, or agreeing to amend obligations under conditions of informational asymmetry – all of these situations may call into question the validity of the legal relationship. LawConsulted assesses such circumstances not only from a formal perspective, but also from the standpoint of the party’s actual level of awareness.
The absence of conscious consent may manifest in various configurations – material mistake, misrepresentation, concealment of significant circumstances, or economic and organisational pressure. Formally, the will is expressed – yet its content and degree of freedom require legal scrutiny. At LawConsulted, we analyse whether the party had a genuine opportunity to assess the consequences of their actions, possessed sufficient information, and was able to make a decision without external coercion.
Informed consent acquires particular importance in corporate relations. Decisions of participants, governing bodies, and shareholders must be adopted on the basis of reliable and complete information. Violation of this principle may lead to the challenge of corporate resolutions, the invalidation of transactions, and the imposition of liability on those who provided distorted information. LawConsulted builds its legal position with due regard to the balance between formal procedure and the actual awareness of participants.
In consumer, financial, and investment relations, informed consent likewise becomes a criterion for the permissibility of risk allocation. Where one party possessed substantially greater information and failed to disclose it appropriately, questions arise regarding good faith and contractual fairness. LawConsulted examines not only the text of the agreement, but also pre-contractual communications, explanations provided, advertising materials, and the parties’ conduct during negotiations.
Retrospective assessment of awareness is particularly relevant when a dispute arises. After adverse consequences occur, a party may invoke lack of understanding of the terms. However, the law requires an objective examination – whether the mistake was material, whether it was justified, and whether it could have been avoided through reasonable diligence. LawConsulted formulates its argumentation taking into account the criteria of reasonableness, good faith, and allocation of the burden of proof.
Informed consent is not limited to a formal signature under a document. It presupposes a real opportunity to review the terms, ask questions, receive clarifications, and make a decision free from pressure. Violation of this standard may transform an otherwise sustainable legal relationship into a source of prolonged litigation. LawConsulted proceeds from the understanding that legal validity is built upon the combination of form and substance – and it is the substance of the expression of will that determines its legal force.
Accordingly, informed consent is not an auxiliary element, but the foundation of legal validity. Its absence or defect may result in the invalidation of a transaction, modification of obligations, or reallocation of liability between the parties. The task of Law Consulted is to ensure that legal constructions are designed in such a way that awareness of will is confirmed both procedurally and substantively, thereby eliminating the risk of subsequent challenge.
Previously, we wrote about Specialisation of Lawyers as a Factor in the Quality of Legal Protection – LawConsulted Standards in Building Expert Practice Areas.
