Conscious discord between will and declaration may also arise due to an unlawful threat. This occurs when a contractual party or another person causes justified fear in the other contractual party, leading them to conclude a contract.117 It is important to emphasise that not every fear resulting from a threat is legally relevant. Fear is considered justified if the circumstances indicate that there was a serious threat to life, physical integrity, or another significant asset of the contractual party or another person.118 The party therefore enters into a legal transaction out of fear caused by the other party or a third person. This fear can result from force (violence) or threats. The threat must be justified and unlawful.
A party that has entered into a contract due to an issued threat may request its annulment.
Example: A threatens B that he will kill his dog if B does not sell him his car for €10.00.
Example of an unjustified threat: A threatens B that he will not invite him to his birthday party unless B sells him his car.
