Disadvantages of consent and their effect on the stability of the contractual bond

Abstract

Defects of consent are among the most important grounds for the invalidity of contracts under Libyan civil law. They directly affect the contracting party's consent, rendering their will unfree or unsound. The Libyan legislator has identified four main defects of consent: mistake, fraud, duress, and exploitation. Each has specific conditions that affect the contract's voidability. A contract may appear valid, but it is voidable upon request by the aggrieved party within a specified period. Annulment restores the contracting parties to their pre-contractual positions. Libyan jurisprudence has shown more restraint in interpreting these defects compared to Egyptian jurisprudence, particularly regarding mistake and exploitation, while demonstrating greater flexibility in cases of fraud and duress. There is a clear need to develop legislation to keep pace with modern electronic contracts and the new challenges they pose to contractual will.

Protecting contractual will does not stop at texts, but requires a flexible legal environment and a judiciary aware of economic, social and technological changes. Therefore, developing solutions for addressing defects of will must be done in light of modern challenges, while maintaining a balance between the principle of freedom of contract and ensuring the integrity of the contractual relationship.