The threat of legal action does not constitute violence. The situation is different where the legal remedy is diverted from its purpose or where it is invoked or exercised to obtain a manifestly excessive advantage.
Violence is a ground for nullity whether it is perpetrated by a party or by a third party.
Violence also exists when a party, abusing the state of dependence in which his co-contractor finds himself towards him, obtains from him a commitment which he would not have entered into in the absence of such coercion and derives a manifestly excessive advantage.
The time limit for an action for nullity shall run, in the case of error or fraud, only from the day on which they were discovered and, in the case of violence, only from the day on which it ceased.
Any natural person may contract except in the case of incapacity provided for by law. The capacity of legal persons is limited by the rules applicable to each of them.
The following are incapable of contracting, to the extent defined by law: 1° Unemancipated minors; 2° Protected adults within the meaning of article 425.
Incapacity to contract is a cause of relative nullity.
A person who is incapable of entering into a contract may nevertheless carry out on his or her own the ordinary acts authorised by law or custom, provided that they are entered into under normal conditions.
Routine acts performed by a minor may be annulled on the grounds of simple injury. However, nullity is not incurred where the lesion results from an unforeseeable event. A simple declaration of majority made by the minor is not an obstacle to annulment. The minor may not evade the commitments he has made in the exercise of his profession.
Acts performed by protected adults are governed by articles 435,465 and 494-9 without prejudice to articles 1148,1151 and 1352-4.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
