La renegociación de los contratos bajo amenaza : (un comentario a la STS de 29 de julio de 2013) Articles uri icon

publication date

  • January 2014

start page

  • 313

end page

  • 328

issue

  • 67

International Standard Serial Number (ISSN)

  • 0210-301X

abstract

  • Under the threat made by a contractor to withhold his own performance, a client accepted a
    modification of the original contract in order to gain possession of the machines manufactured by the former in time to fulfill his own obligations towards third parties. In this clear case of economic duress, the Supreme Court decision of 29 July 2013 (RJ 2013/5010) declares void the said agreement and allows the claim for damages issued by the client.

keywords

  • vices of consent; threats; duress; economic duress; renegotiation of contracts; novation