Post by account_disabled on Feb 14, 2024 9:58:16 GMT
Ais in speculating on the affection or passion of a person in order to induce him to conclude a legal act. Considering art. para. and and art. para. the doctrine came to the conclusion that the only requirement of the dole is that it comes from the other side of the legal act . Violence Violence is the vice of consent that involves threatening a person with harm of such a nature as to cause him a fear that causes him to conclude a legal act which otherwise he would not have concluded. C.civ. distinguishes two classifications of violence physical or moral legitimate or illegitimate.
Physical violence exists when the threat of harm involves a Iceland Email List persons physical integrity or property. Moral violence exists when the threat is to a persons honor honor or feelings. Legitimate threat of harm does not constitute vice of consent an example in this case could be the situation where the creditor threatens his debtor with a lawsuit if he does not voluntarily perform his obligation. seeks to induce an unjustified fear attracting the relative nullity of the concluded legal act. From the point of view of structure violence is made up of two elements an objective element the threat of harm a subjective element inducing fear in the threatened person.
In order for violence to constitute a vice of consent it must fulfill cumulatively three requirements the fear instilled to be decisive for the conclusion of the civil legal act the threat to be unfair in bilateral or plurilateral legal acts the threat originates from the other contracting party or if it originates from a third party the contracting party knew or should have known of the violence committed by the third party. injury The injury is the defect of consent which consists of the material damage suffered by one of the parties as a result of the conclusion of a contract.
Physical violence exists when the threat of harm involves a Iceland Email List persons physical integrity or property. Moral violence exists when the threat is to a persons honor honor or feelings. Legitimate threat of harm does not constitute vice of consent an example in this case could be the situation where the creditor threatens his debtor with a lawsuit if he does not voluntarily perform his obligation. seeks to induce an unjustified fear attracting the relative nullity of the concluded legal act. From the point of view of structure violence is made up of two elements an objective element the threat of harm a subjective element inducing fear in the threatened person.
In order for violence to constitute a vice of consent it must fulfill cumulatively three requirements the fear instilled to be decisive for the conclusion of the civil legal act the threat to be unfair in bilateral or plurilateral legal acts the threat originates from the other contracting party or if it originates from a third party the contracting party knew or should have known of the violence committed by the third party. injury The injury is the defect of consent which consists of the material damage suffered by one of the parties as a result of the conclusion of a contract.