Law no (22) of 2004 Regarding Promulgating the Civil Code

طباعة
 
Section:    Defects of Consent (130-147)

  • Article 130 

     
    1. Where a contracting party commits a mistake without which he would have not given his consent to the terms of the contract, such contracting party may demand voidance of the contract if the other contracting party commits the same mistake, or knows of its occurrence, or could easily have detected such mistake.
    2. However, voidance of a contract in respect of gifts may be requested without taking into account the other contracting party's participation in the mistake or his knowledge thereof.

  • Article 131 

     
     
    The effect of the mistake shall be enforced even where it applies to the rule of law concerning any matter of the contract.

  • Article 132 

     
     
    A party whose consent was the result of a mistake may not insist on such mistake in a manner contrary to the principles of good faith. The other party may, in particular, insist on or plead to the conclusion of the intended contract, provided that substantial harm is not caused.

  • Article 133 

     
     
    The validity of the contract shall not be affected by mere arithmetical or writing mistakes. These errors must, however, be simply corrected by mutual agreement between the parties.

  • Article 134 

    1. A contract may be declared void on the grounds of fraudulent misrepresentation by the person who has given his consent as a result of deception, if it can be proved that the contract would not have been concluded by the other party had he had knowledge thereof
    2. Lying and intentional silence as to the facts or as to the accompanying circumstances in relation to the contract and/or keeping silent about salient points shall be regarded as subterfuge.

  • Article 135 

    1. Voidance of a contract on the grounds of fraudulent misrepresentation shall require proof that the subterfuge was due to the conduct of the other contracting party, his representative or one of his subordinates, the broker he empowered to conclude the contract, or of the party in whose interest the contract was concluded.
    2. Where the fraudulent misrepresentation is caused by a third party, the deceived party may only demand voidance of the contract if it is established that the other contracting party was, or should necessarily have been, aware of the fraudulent misrepresentation.

  • Article 136 

     
     
    In respect of a contract or a gift, voidance thereof may be requested if consent to its terms was given as a result of fraud, even if caused by a third party.

  • Article 137 

    1. A contract may be voidable as a result of duress if one of the parties has contracted under the stress of a justifiable fear unlawfully instilled in him.
    2. Fear is deemed to be justified when the affected contracting party was confronted by circumstances that led him reasonably to believe that a grievous and imminent danger to life, limb, honour or property threatened him or others.
    3. In determining the extent of the duress, the gender, age, knowledge or ignorance, and health of the affected contracting party, as well as any other circumstance that might have aggravated the duress, shall be taken into account.

  • Article 138 

     
    1. Voidance of a contract on the basis of duress shall be justified where the duress emanated from the conduct of the contracting party or his representative, or one of his subordinates, or the broker he empowered to conclude the contract, or of the party for whose interest the contract was concluded.
    2. Where the duress is caused by a third party, the affected party may not demand voidance of the contract unless it is established that the other contracting party had, or should necessarily have had, knowledge thereof.

  • Article 139 

     
     
    In contracts relating to gifts, voidance thereof may be requested if consent to its terms was given as a result of duress, even if caused by a third party.

  • Article 140 

     
    Where a person exploits another person out of need, obvious frivolity, visible vulnerability, or sudden heat of passion, or his moral influence over the other person causes that other person to conclude a contract in his own or a third party's favour, and such contract contains an excessive imbalance between the obligations he must perform and the material or moral benefits he shall obtain from the contract, the judge may, at the request of the affected party, reduce his obligations, or increase the obligations of the other party, or void the contract.  

  • Article 141 

     
    In respect of contracts of gift concluded as a result of exploitation, the judge may, at the request of the donor, mutatis mutandis annul the contract or reduce the amount of the fund donated, taking into consideration due process and fairness.

  • Article 142 

     
    1. Actions filed for exploitation shall prescribe after the lapse of one year from the date of the conclusion of the contract.
    2. However, where the defect from which exploitation arises continues, the one-year period shall only commence from the date when such defect disappears.
    3. In any case, the action shall fall away after a period of fifteen years has elapsed from the date of the conclusion of the contract.

  • Article 143 

     
    Injustice that does not result from mistake, fraud, duress or exploitation shall not affect the contract, except in the special cases determined by the law.

  • Article 144 

     
    1. Where the contract causes excessive injustice to the State, other public juridical persons, an incompetent or semi-competent person, or the endowment (Waquf) authority, the aggrieved party may request an amendment to his or its own obligation, or to that of the other party, in order to redress such excessive injustice.
    2. Injustice shall be considered excessive if it exceeds one-fifth at the time of concluding the contract.
    3. Injustice may be objected to even where the contract is concluded by the legal representative of the aggrieved person on his behalf, or where the court so permits.

  • Article 145 

     
     
    The party entering into a contract with an aggrieved person may avoid an amendment to the obligations under the contract by requesting the termination of the contract, unless otherwise stipulated by the law.  

  • Article 146 

     
     
    Contracts concluded by auction or tender may not be objected to for injustice if they were concluded in accordance with the law.

  • Article 147 

     
    1. Actions to compensate injustice shall become invalid if not instituted within one year.
    2. In the case of the State, other juridical public persons, and the endowment (Waquf) authority, the one-year period shall commence from the date of the conclusion of the contract.
    3. In the case of legally incompetent and semi-incompetent persons, the one-year period shall commence from the date of conferral of full legal competence or from the date of death.
    4. In any event, the action shall fall away after a period of fifteen years has elapsed from the date of the conclusion of the contract.

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