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Explanation of Article 64

Explanation of Article 64

This article addresses the explanation of the "cause of the contract," which is: the motivating factor for entering into the contract, and it is a pillar of the contract.

The article stipulates that the cause of the contract must be "existent," meaning: the cause of the contract must exist in reality and not be non-existent. For example, if a person contracts to buy a car with the intent of using it for an illegal activity, this cause is non-existent.

It is worth noting that the cause of the contract must be "legitimate," meaning: it must not be contrary to public order or public morals. For example, it is not permissible to contract to buy a car with the intent of using it for an illegal activity, or to contract for gambling, or to contract for the sale of human organs, and the like.

The failure of either of these two conditions results in the "nullity of the contract," and it does not produce any legal effect.

Article 64

Duress is the unlawful act of threatening a person using physical or moral means to coerce said person to act against his will.