La intimidación en el negocio jurídico.
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Duress in Legal Transactions.
AdvisorVarela Gil, Carlos
Article 1.265 of the Spanish Civil Code states all agreements entered into under duress, as set forth in article 1.267, shall be declared null and void. This statute originates from concept of the “defects of consent” found in Roman contract law. Thanks to the Pandecist movement of 19th century, this concept was adopted as one of the philosophical underpinnings of legal transactions, thus coming to form a part of various European legal doctrines, including that of Spain. Nevertheless, this transmission from our forebears has given rise in our country to a facet of law which has been rarely examined from the academic and doctrinal standpoints, and hence forms the principal and only focal point of this Project, the result of a practical and theorical delineation which can be extrapolated to all areas of the legal sphere.