The effect of duress on the influence of legal acts
Journal: International Journal of Nations Research (Vol.9, No. 103)Publication Date: 2024.08.17
Authors : Ghasem pouriman Asghar yarikhah;
Page : 37-64
Keywords : Duress; urgency; threat; contract; influence of contract;
Abstract
The principle of freedom of will in contracts is one of the most important points in the conclusion of contract; today, in legal science, with increasing transactions and the way of concluding them, problems have arisen in this principle with specific frameworks. one of the most important cases that has hindered the establishment of the principle of freedom of will of the contracting parties and the manner of speech and declaring it in custom and law is duress; which, with abnormal and illegitimate pressure from an external stimulus, causes the lack of consent in the parties or one of them, and causes the non-establishment of this principle in the contract. in the laws of Islamic countries, regarding duress, more support for the threatened person is seen, and a different executive guarantee has been established according to the subject and depending on the conditions. the researcher decided to first give an explanation about the history of duress and its concept with a descriptive method; And then answer the questions raised with a descriptive and analytical approach and examine the issues related to the subject: Does reluctance in any degree have similar legal effects? Are reluctance and urgency different from each other or are they the same concept with two words? Can all emergency transactions be considered valid by using Article 206 of the Civil Code?
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