The concept of economic coercion and the conditions for its realization(A comparative study)

Abstract

Coercion is considered a defect of will that makes the contract suspended if the consent of the contracting parties is marred by the defect of coercion at the conclusion of the contract or during the implementation phase. The amendment of the French Civil Code by Law 131 of 2016, which came as a result of the development of the contract theory and in response to the society’s need for the development of legal systems and keeping pace with economic development. In addition to the legal treatments stipulated in legal articles (1140_1144), in order to achieve parity and equality in the balance of contractual relations in light of commercial competition.
Therefore, it requires the Iraqi legislator to find legal and legislative means to develop the contract theory in order to devote its role in serving the legitimate interests of individuals in an equal and sound framework, and to allow the judiciary to intervene in contractual relations, whenever it appears to him that the exercise of the contracting parties of the contractual freedom that they enjoy within the scope of the legal principle ( The contract is the law of the contracting parties). It results in the destabilization and imbalance of the contract as a result of the exploitation of one of the parties to the contract for its stronger economic position, or as a result of the urgent need of the other party in the contract to include conditions in which his interest prevails over the interest of the other party in the contract that leads to the implementation of the contract becoming burdensome for the weak party.