Void contract due to lack of voluntariness and some recommendations

Abstract

Contracts may be deemed void due to different reasons, including some common reasons such as being established by misunderstanding, deception, threat, or compulsion. Nevertheless, in these cases, courts can only declare contracts void when requested by parties and when those acts occur during contract establishment. This article studies terms related to voluntariness in entering into contracts, such as voluntariness, volunteer to enter into contracts, and parties entering into contracts. The article also studies cases deemed to lack of the voluntariness of parties, then determines the essence of factors that constitute the lack of voluntariness of parties, and gives examples of detailed cases. Based on the evaluation and analysis of legal provisions, the article determines several problems in the 2015 Civil Code on void contracts and transactions and makes recommendations for improving those provisions.