Un contract leonine It is an unbalanced or unfair agreement in which one party obtains excessive advantages compared to the other. part involved. In this type de contract, one party receives disproportionate benefits or significant privileges, while the other part is disadvantaged or unprotected.
Is called contract leonine al contract de society in which it is agreed that all profits go to one or some of the partners and all losses to the others. Observing the right principles of equity, is rejected by the laws and is null and void.ipso jure».
Take the name from a well-known fable by Phaedrus, in which associated the lion with several animals to make a pinch (made with three fingers), when verifying the distribution of the same, its various parts were awarded for different reasons, until the lion kept everything for being the strongest.
Asymmetry of benefits
An part receives a disproportionate amount of benefits, while the other gets little or none. benefit.
Lack of of equilibrium in the conditions
The conditions of the contract They are unfairly favorable to one party and detrimental to the other.
Lack of de negociación justa: One party imposes unfair conditions without allowing for a negociación equitable or without regard to the interests and derechos from the other part.
Unfair terms
El contract may contain clauses limiting the derechos of one of the parties in a disproportionate manner or that excessively favor the other part.
El term «leonine» comes from the idea that this type de contract reflects the situation of the lion in Aesop's fable, in which the lion is with the Most part of the booty after one hunting, leaving very little for the other animals.
In many legal systems, unfair contracts may be considered void or voidable, especially if it is shown that one party took unfair advantage of the other, if the inequality is so obvious that it contravenes the principles of fairness. equity y Justice, or if the clauses are abusive or illegal under applicable laws. These contracts may be challenged before a Tribunal o authority competent to search for a correction o annulment.
About us
En Santo Domingo, Dominican Republic, we have equipment legal more complete and effective to advise you on right commercial. In Carlos Felipe Law Firm SRL, we evaluate your /// thoroughly, analyzing and establishing the real possibilities of success, always in agreement with the Constitution and the laws of the country.
We are committed to communicating with you clearly, using simple and timely language, to provide you with the best strategies and actions to follow in order to solve your situation or conflict legal.
Can contact us through:
???? Phone: 829-256-6865
???? WhatsApp: 1-809-847-8731
✉️ Email:info@fc-abogados.com
Carlos Felipe Law Firm It is strategic litigation, conclusive results in court and in right procedural judicial. We are here to help you!
