The core principle of legal transactions is “Free Consent.” However, practical reality often imposes pressures that force individuals to sign documents surrendering their rights. This article aims to reveal the protections established by law for those who fall victim to duress or find themselves forced to deal with unfair “Adhesion Contracts.”
I. The Concept of Duress and Defects of Consent
Duress (Coercion) is an unlawful pressure exerted on a person, generating a fear that drives them to conduct a legal act they did not intend to perform.
Physical Duress: The use of bodily force or deprivation of liberty. This renders the act absolutely null and void because the will/intent is entirely non-existent.
Moral Duress: The most common form, such as threats of dismissal from work, defamation, or abuse of influence. In this case, the contract is “voidable” (subject to annulment) if the aggrieved party requests it.
II. Adhesion Contracts: When the Strong Imposes Terms
This section is crucial for clients, as the balance of power between the two parties is completely skewed.
What is an Adhesion Contract? It is a contract drafted in advance by one party (usually a company or employer). The other party (employee or consumer) has no right to negotiate or amend its terms; they must either “take it or leave it.”
Protection in Egyptian Law: Article (149) of the Civil Code states: “If a contract is concluded by adhesion and contains unfair terms, the judge may modify these terms or exempt the adhering party from them.” This means your signature does not equate to a loss of rights if the condition is oppressive.
Protection in Turkish Law: The Law on Consumer Protection and the Turkish Code of Obligations contain strict provisions against “Unfair Standard Terms” (Genel İşlem Koşulları). If an employer includes terms that disproportionately harm the employee without granting the right to negotiate, these terms are considered partially null before Turkish courts.
III. Practical Cases: Forced Resignations and Liability Waivers
In the workplace, duress is often practiced in two ways:
Pre-signed Resignations: Some employers require an undated resignation letter upon hiring. Legally, this resignation is void in both Egypt and Turkey because it was signed under the “fear” of not securing the job.
Conditional Discharge (Release): Forcing an employee to sign a document stating they have received all entitlements as a condition for receiving their “Experience Certificate” or “Passport.” In Turkey, the labor law requires the “Release Agreement” (İbraname) to be written and detailed; any ambiguity is interpreted in favor of the employee.
IV. Judicial Criteria for Assessing Duress
A judge does not merely look at the means of the threat, but also considers:
Personal Circumstances: (Age, education, gender). What constitutes duress for a fresh graduate might not be the same for a legal expert.
Time Constraints: Was the document signed under time pressure? Was the person prevented from consulting a lawyer?
Gravity of the Risk: Did the threat target the person’s sole source of livelihood?
V. How to Prove Your Right and Annul the Waiver
Since duress and pressure are “material facts,” they can be proven by all means of evidence:
Witness Testimony: Colleagues or those who witnessed your psychological state at the time of signing.
Electronic Correspondence: Screenshots of messages (WhatsApp, Email) showing threats or blackmail.
Judicial Presumptions: Such as signing a waiver on an official holiday or at a suspicious hour.
Official Protest: Sending an official notice (e.g., Noter İhtarnamesi in Turkey) immediately after the duress ceases, declaring that your signature was a product of pressure. This preserves your right to claim nullity.
VI. Legal Action and Statutes of Limitation
Attention must be paid to the necessity of taking action within one year from the date the duress ceases. Prolonged silence may be interpreted by the judiciary as “implicit ratification” or acceptance of the status quo.
Conclusion
Your right is not just a piece of paper you sign; it is a free will protected by law. Whether you are in Egypt or Turkey, the judiciary stands by the weaker party if the nullity of consent is proven.