The Achievement of Both Justice and Consent in Financial Transaction Contracts

Date
2020-10-20
Authors
Assaf, Mohammad Motleq Mohammad
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Abstract
This study clarifies that the basis on which contracts are established is mutual consent, whereby property shall not be taken away from a person without their consent. The indication of mutual consent is the apparent wording of offer and acceptance under the condition of the absence of coercion that cancels consent. This coercion is illegal coercion that is unjust and that unlawfully infringes the right of others to exercise free will. However, if the opposite occurs, namely, if the right of agreement and consent in a contract leads to injustice or harm to others, then achieving both justice and consent by using coercion is the right thing to do. This type of coercion aims to achieve a rightful purpose that ensures justice and eliminates injustice and provides for restitution as well.
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Keywords
financial transaction, jurisprudence of transactions, coercion, agreement, contracting
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