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Explanation of Article 67

Explanation of Article 67

This article addresses the statement of the "illegal subject matter," which is: what cannot be contracted upon. The article stipulates that the subject matter is illegal in two cases:

  • First: if the subject matter is "contrary to public order," meaning that the subject matter is against the rules aimed at protecting society, such as: the sale of drugs, the sale of unlicensed weapons, contracting on gambling, the sale of human organs, and the like.

  • Second: if the subject matter is "contrary to public morals," meaning that the subject matter is against the ethical values and principles upon which society is based, such as: the sale of pornographic films, the sale of books that promote vice, and the like.

It should be noted that the illegal subject matter does not produce any legal effect, even if the contracting parties agree upon it.

The consequence of the illegal subject matter is the "nullity of the contract," so it does not produce any legal effect.

This article is considered one of the most important articles related to the illegal subject matter, as it protects the rights of society and preserves public order and public morals.

Article 67

  1. A contracting party under duress may demand nullification of the contract if the act of duress is committed by the other contracting party.

  2. If the act of duress is committed by a non-contracting party, the contracting party under duress may not demand nullification of the contract, unless it is established that the other contracting party knew or should have known of the duress.