Explanation of Article 60
This article addresses the concept of "coercion," which is: forcing a contracting party to enter into a contract. The article stipulates that coercion leads to the "nullification of the contract," so it does not produce any legal effect, except in the cases exempted by the article, which are:
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First: If the coercion is "non-influential," meaning: the coercion affected the will of the contracting party, but if the coercion had not occurred, they would have proceeded to enter into the contract. For example, if a person buys a car under coercion, and then it becomes clear to them that if the coercion had not occurred, they would have bought the car, in this case, the coercion is non-influential.
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Second: If the coercion is "known to the other party," meaning: the coercion is known to the other party to whom the offer was directed. In this case, coercion does not lead to the nullification of the contract.
It is worth noting that coercion differs from mistake and deception in that mistake and deception relate to an incorrect perception of reality, whereas coercion involves forcing a contracting party to enter into a contract.
This article is considered one of the most important articles related to coercion, as it protects the rights of contracting parties and provides them with an opportunity to nullify the contract if it is tainted by coercion.
Related To
Article 60
A person who makes a mistake may not invoke such mistake in a manner contrary to good faith and he shall remain bound by the contract he intends to conclude if the other contracting party shows his willingness to perform such contract.