Thoughts on the notion of duress
Reflectii în legãtura cu notiunea de violenta
Author(s): Ada HurbeanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: legal act; defect in consent; duress; the absence of cause – defect in consent
Summary/Abstract: This article analyzes the notion of duress in the context of juridical individualism and of a will’s autonomy principle. Also, the concept of duress it’s seen in a wide meaning, including the threat and the acts of violence, both capable to create the state of fear in the mind of the duress victim. It is presented, on the same time, the differences which appear between the duress and the violence that destroy the person’s will, but, also, the difference between the intervention of duress and the absence of the consideration in a contract. The last aspect has a practical importance, in actual juridical realities.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2008
- Issue No: 01
- Page Range: 111-117
- Page Count: 7
- Language: Romanian
- Content File-PDF