1
Assistant Professor, Department of Law and Political Science, Faculty of Literature and Human Sciences, Tarbiat Moallem University.
2
Ph.D. student of private law, University of Tehran
Abstract
Duress is one of the basic concepts in the law of commitments which falls within the scope of consent. Economic duress is a kind of compulsion which occurs through threat to a financial loss. In this approach, duress is limited to physical threat. Hence the British court has invented the word economic duress in this regard.
In Imamiyah jurisprudence and Iranian civil law, threat to property is also considered a kind of duress or compulsion. Hence property duress can be considered as economic duress in these two systems. In Imam Khomeini’s viewpoint duress is lack of consent for transaction. The transactional consent is opposite to refrainment or disinclination which is different from approval. Hence, in Imam Khomeini’s viewpoint the criterion for duress is the threat which causes insecurity to the person under compulsion when its occurrence is rationally possible. This threat can even refer to prevention of a profit which is normally gained.
Ansari,A. and Mobayen,H. (2009). Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeini’s Jurisprudential Ideas. Matin Research Journal, 11(42), 1-19.
MLA
Ansari,A. , and Mobayen,H. . "Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeini’s Jurisprudential Ideas", Matin Research Journal, 11, 42, 2009, 1-19.
HARVARD
Ansari A., Mobayen H. (2009). 'Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeini’s Jurisprudential Ideas', Matin Research Journal, 11(42), pp. 1-19.
CHICAGO
A. Ansari and H. Mobayen, "Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeini’s Jurisprudential Ideas," Matin Research Journal, 11 42 (2009): 1-19,
VANCOUVER
Ansari A., Mobayen H. Economic Duress and Its Status in Imamiyah Jurisprudence, with Special Reference to Imam Khomeini’s Jurisprudential Ideas. Matin, 2009; 11(42): 1-19.
