عيب الإكراه الاقتصادي وحماية الرضاء التعاقدي

Abstract EN

The civil law still needs reform in general, and the contract theory in particular, in light of the terrible development of legal ideas, and the emergence of new laws such as the consumer protection law, the competition law, and the distribution law, which brought new ideas that were not on the mind of the drafters of the civil law, especially the French.

these special laws I worked on updating the legal concepts related to the components of the contract and its structure, including the issue of the validity of contractual consent, which is manifested in the integrity of the will from defects, which are error, fraud, coercion, and exploitation.

these classic defects are no longer able to provide adequate protection for the satisfaction of the contractor, especially in light of the use of the contract in the economic aspect of the market within the framework of competition, where the contractor is found to be in economic dependence in his relationship with the other contractor who is economically superior, which generates pressure on the will of the other contractor, forcing him to conclude a contract in return for which the other contractor obtains an excessive advantage that could not have been obtained without the abuse of the state of dependency, which leads to a contractual imbalance.

this is called the defect of economic coercion, as it is a defect that undermines the integrity of the will of the contracting party.