Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation I. On the Precepts of the Decalogue › Part VII. On the Seventh and Tenth Precepts of the Decalogue › Section I. On Commutative Justice Itself › Chapter II. On Commutative Justice in Contracts › Article I. On Contracts Generally › § IV. On the Intrinsic Form of Contract, or on Consent › Point II. On the Obstacles of Consent

Section — Wouters, Manual of Moral Theology

Scholion. Lesion

841.

I. Notion. Lesion consists in this, that the equality which is required in onerous contracts is not preserved.

ContractsThe nature of contractFraud and duress

842.

II. Influence upon the contract. Lesion, with natural law considered, per se neither makes the contract void nor renders it rescindable, but brings with it the obligation of restoring equality. I said per se, because at the same time there can occur error or fraud, which renders the contract invalid or rescindable.

With respect to ecclesiastical matter, observe can. 1684, § 2: "One who has suffered grave lesion beyond half from error in a contract can, within two years, obtain rescission of the contract by the action which is called rescissory."

What civil law establishes concerning lesion, see in the civil Code.

ContractsThe nature of contractFraud and duress