Coercion by which a person is driven to conclude a contract under the threat of serious and imminent harm to themselves or their relatives.
All termsUnder Turkish law, duress (korkutma, traditionally ikrah) exists where a person is induced to conclude a contract under the threat of serious and imminent harm to their own or their relatives' person or property. Because consent is formed under pressure, the threatened party is not bound by the contract.
The threat need not come from the other contracting party: a contract concluded under duress exerted by a third person may also be avoided. Announcing the exercise of a legal right, such as threatening to sue over an unpaid debt, is not duress in itself, unless the threat is used to extract excessive advantage from the other party's distress.
The right of avoidance must be exercised within the statutory period after the effect of the duress ceases; otherwise the contract is deemed ratified.
Tehdit suçu ile karıştırılmamalıdır: tehdit ceza hukukunda bağımsız bir suçtur, korkutma ise özel hukukta sözleşmenin iptaline imkân veren irade sakatlığıdır.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
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