Violenţa economică în contractele de afaceri
Economic violence in business contracts

Summary/Abstract: This paper examines the applicability of the concept of economic violence in business contracts. Starting from the fictions and realities of the market economy, the study focuses on the evolution of the legal regime applicable to this concept in American law, French law and Romanian law. On the one hand, American jurisprudence has developed a specific approach to the notions of duress and economic duress, and French civil law has, since 2016, enjoyed a specific regulation of the state of (economic) dependence, which it assimilates to violence as a vice of consent. In the Romanian system, on the other hand, the introduction of the state of necessity as a ground for annulment of the contract in the new Civil Code seems to have settled an old dispute, but in business relations, this remedy seems to compete with the one applicable in case of injury. The paper therefore goes through the advantages and disadvantages of the two types of remedies and finally stops at some conclusions advanced in the economic analysis of law.

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