El acercamiento entre el error vicio del consentimiento y el control de transparencia en busca de la nulidad parcial. Comentario a la STS 666/2020, de 11 de diciembre [(RJ 2020, 4877), (RJ 2020, 4877) (RJ 2020, 4877)_].

Resumo

The rapprochement between the regimes of error vitiating consent and unfairness due to lack of transparency in general terms and conditions that define the essential contents of contracts is undeniable. On the one hand, an attempt has been made to subjectivise the control of transparency by applying the requirement of excusability typical of error; on the other hand, an attempt has been made to use typical arguments of the control of transparency to achieve the result of partial nullity in cases of faulty error (the latter being the case in the judgment that is the subject of this commentary). In this way, this commentary will attempt to analyse the state of the question regarding the viability of applying partial avoidance in a case of a vitiated error of consent.