Explanation of Article 62
This article addresses the statement of "other defects of consent," which are: the defects that affect the will of the contracting party and lead to the invalidity of the contract. The article states that other defects of consent include:
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First: "Fraud," which is: the use of deceptive means to mislead the other contracting party, leading to the "nullity of the contract," thus it has no legal effect.
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Second: "Moral coercion," which is: the threat that forces the contracting party to conclude the contract, leading to the "nullity of the contract," thus it has no legal effect.
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Third: "Unfairness," which is: the imbalance between the obligations of the contracting parties, leading to the "nullity of the contract," thus it has no legal effect, except in cases exempted by the article, which are: if the unfairness is "gross" and "unknown to the other party," in this case, the unfairness does not lead to the nullity of the contract.
It should be noted that these defects do not affect the capacity of the contracting party but rather affect their consent, which is: the agreement of the wills to produce the legal effect.
This article is considered one of the most important articles related to other defects of consent, as it protects the rights of the contracting parties and provides them with an opportunity to annul the contract if it is tainted by any of these defects.
Related To
Article 62
A deceived person may demand the nullification of the contract if the deceptive act relates to a material matter that had he known thereof he would not have consented to the contract.