Volume 109, Issue 42
Royal Gazette
8 April 2535
Section163.If both parties have acted with fraud, no party may cite the fraud committed by the other party to avoid the act or claim compensation.
Section164.An expression of intention as a result of duress is voidable.
The duress which would render any act voidable must be one which poses an imminent danger and is serious enough to ground the fear of the person subjected to it, and without which the act would not have been done.
Section165.A threat to exercise a right in a normal manner is not deemed to be duress.
Any act done out of a reverential fear is not deemed to have been done as a result of duress.
Section166.Duress does render an expression of intention voidable, even when it is committed by a third person.
Section167.In ruling a case of mistake, fraud, or duress, regard shall be had to the sex, age, status, health, and mental condition of the person expressing the intention, as well as other circumstances and surroundings thereof.
Section168.An expression of intention made to a person present shall be deemed operative from the time the recipient of the expression learns the expression. This stipulation shall apply also to the event in which one person expresses his intention to another person by means of telephone or other communication device or by a different means which allows them to contact each other in a similar manner.
Section169.An expression of intention made to a person absent shall be deemed operative from the time the expression reaches its recipient. But if revocation reaches such recipient before or at the same time as the arrival of the expression at the recipient, the expression becomes inoperative.
A sent expression of intention is not impaired, even when the person making the expression dies or is adjudged incompetent or quasi-incompetent by a court order after making the expression.
Section170.An expression of intention made to a minor or a person adjudged incompetent or quasi-incompetent by a court order cannot be raised as a defence against the recipient of the expression, save where his legal representative, custodian, or curator, as the case may be, was also aware of it or has given prior consent to it.
The stipulation of paragraph 1 shall not apply if the expression of intention relates to an act which a legal provision allows to be done by a minor or quasi-competent person on his own.
