Explanation of Article 65
This article addresses the statement of "conditions in the contract," which are: the matters agreed upon by the contracting parties and form part of the contract. The article stipulates that conditions in the contract are of two types:
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First: "Essential conditions," which are the conditions without which the contract cannot exist, such as: the sale price in a sales contract, the rent in a lease contract, and so on. In this case, the contract is "void" if any of these conditions are missing.
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Second: "Secondary conditions," which are the conditions that do not affect the existence of the contract but affect its execution, such as: the place of delivery in a sales contract, the time of delivery in a lease contract, and so on. In this case, the contract is "valid" if any of these conditions are missing, but it results in the right to claim compensation.
It should be noted that the conditions in the contract must be "legitimate," meaning they must not violate public order or public morals. For example, the contract must not include conditions that violate public order or public morals, such as stipulating the sale of drugs or the sale of unlicensed weapons, and so on.
The illegitimacy of the conditions results in the "nullity of the contract," and it does not produce any legal effect.
Related To
Article 65
Duress is deemed to have occurred if the life, honor, or property of the party under duress is threatened with serious and imminent danger, or if the threat is made against others and the party under duress would not have concluded the contract in the absence of such duress.