الإکــراه الاقتصــادي نحو مفهوم مستحدث للإکراه، کعيب في الإرادة دراسة تحليلية مقارنة، في ضوء القانون المدني الفرنسي الجديد | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 13, Volume 7, Issue 2, December 2021, Pages 950-1113 PDF (2.25 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2021.209801 | ||
| Author | ||
| منـى أبو بکر الصديق محمد حسان | ||
| أستاذ القانون المدني المساعد کلية الحقوق- جامعة المنصورة | ||
| Abstract | ||
| The research deals with the topic of economic duress, through an analytical and comparative study of texts regulating the defect of duress in the French civil law, through which we present the recent amendments approved by the French legislator according to the decree of February 10, 2016. In light of the economic and social developments and contractual practices, the deficiency of the mechanisms established in the civil law as well as the special laws to protect the contractual will in the face of the abuse of economic dependency in contracts appeared, which prompted the majority of French jurisprudence to the call for the necessity to endorse the idea of duress arising from the exploitation of economic dependence, under the name of economic duress. The French judiciary also approved the idea of economic duress, for the contractor who is in a state of economic dependencethat the other abuses to exploit it to push him to contract to obtain an excessive benefit. As a result, the French legislator, in the decree of 2016, created a new type of the defect of duress, to decide, according to the new Article 1143, that duress is achieved when one of the parties, exploiting the state of dependency in which the contractor is, to obtain an undertaking that he would not have made in Absence of this pressure, to get from him a distinctly excessive advantage. This legislative development that affected the concept of duress as a defect of will in the new French civil law prompts us to ask about the position of Egyptian law, in terms of the extent of the possibility of adopting an expanded concept of a defect for duress, to include the exploitation of the state of dependency in which the contractor exists to push him to contract. | ||
| Keywords | ||
| exploitation of the state of dependency; legislative development; the economic and social developments | ||
|
Statistics Article View: 923 PDF Download: 1,168 |
||
