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Economic Duress and Significant Imbalance: Two Different Approaches of Contractual Imbalances

Author

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  • Faustine Jacomino

    () (Université Nice Sophia Antipolis
    GREDEG-CNRS)

Abstract

In France, the draft order of February 25th 2015 devotes two new tools permitting the control of contractual imbalance: economic duress on the one hand, and significant imbalance on the other hand. These two mechanisms attest to the interest given to this issue and to the renewal of traditional tools in favour of mechanisms which are inspired by consumer and competition laws. While economic duress sanctions the abuse of economic dependence, significant imbalance shows a broad scope for its implementation, which raises many interrogations. The challenge is to determine the goals of such tools and to ensure the consistency and readability of general contract law.

Suggested Citation

  • Faustine Jacomino, 2015. "Economic Duress and Significant Imbalance: Two Different Approaches of Contractual Imbalances," GREDEG Working Papers 2015-44, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), University of Nice Sophia Antipolis.
  • Handle: RePEc:gre:wpaper:2015-44
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    File URL: http://www.gredeg.cnrs.fr/working-papers/GREDEG-WP-2015-44.pdf
    File Function: First version, 2015
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    More about this item

    Keywords

    Significant imbalance; Economic duress; Contractual imbalance; Restrictive practice; Unfair term; General contract law;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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