Transactions Concluded Under Duress and Immoral Transactions: Comparative Analysis
DOI:
https://doi.org/10.60131/jlaw.1.2024.7942Keywords:
Immoral, Duress, Transactions, Undue Influence, Distinction Criteria, Defect of Declaration of Intent.Abstract
The following article examines legal transactions concluded under the defect of declaration of intent, more precisely, the interrelation of transactions concluded under duress (Article 85 of the Civil Code) and immoral transactions (Article 85 of the Civil Code). Confusion between immoral agreements and duress in Georgian judicial practice is commonplace. Duress, as a socially unacceptable conduct, is often viewed as an immoral behaviour, regardless, immorality ground might not lead to the voidness of a transaction. The article explores German and English judicial practices and legal literature to provide an enhanced understanding of the interrelation between the said transactions. Considering that Georgian law stands closely with German law, drawing parallels with it is a logical approach. As for English law, it is one of the first countries in the world to adopt the concept of “undue influence” (immorality). In terms of immoral agreements, the article does not focus on the immoral transactions in their content (e.g. prostitution), but rather on the transactions, which, at a glance, are neutral, yet their motive or purpose is immoral.
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