Explanation of Article 68
This article addresses the statement of the "illegitimate cause," which is: what is not permissible to contract upon. The article stipulates that the cause is illegitimate in two cases:
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First: If the cause is "contrary to public order," meaning that the cause is against the rules aimed at protecting society, such as: buying a car with the intent to use it for an illegal activity, contracting for gambling, or contracting for the sale of human organs, and the like.
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Second: If the cause is "contrary to public morals," meaning that the cause is against the ethical values and principles upon which society is based, such as: buying books that promote vice, or contracting for incestuous marriage, and the like.
It should be noted that an illegitimate cause does not produce any legal effect, even if the contracting parties agree upon it.
An illegitimate cause results in 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 illegitimate cause, as it protects the rights of society and preserves public order and public morals.
Related To
Article 68
If a contracting party exploits the apparent vulnerability or urgent need of the other contracting party in order to conclude an unconscionable contract, the court may, upon a petition by the aggrieved contracting party and subject to the circumstances of the case, reduce his obligations, increase the obligations of the other contracting party, or nullify the contract. A claim relating to the unconscionability of a contract shall be filed within 180 days from the date of concluding said contract; otherwise, it shall not be heard.