Rechtsgeschäftliche Entscheidungsfreiheit und Drohung

Thomas Schindler examines the historical development and current requirements of the doctrine of duress from a comparative perspective. Traditionally, common law is understood as having developed separately from civil law. However, a comparative analysis of the historical foundations of the doctrine of duress in both English and German law provides not only a common historical starting point in both legal systems but also a converging future development of English law. A comparative examination of the doctrine of economic duress with regard to the scenario of a contractual modification by threatened breach of contract is then taken as an example of the extent to which this convergence has already been established.