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  • 24 - The Law of Contract and Treaties

  • from Part IV - Grotius as a Legal Scholar
  • Edited by Randall Lesaffer, Katholieke Universiteit Leuven, Belgium, Janne E. Nijman, Universiteit van Amsterdam
  • Book:
    The Cambridge Companion to Hugo Grotius
    Published online:
    03 September 2021
    Print publication:
    16 September 2021, pp 513-534

  • Summary

    This chapter examines several elements of Grotius’s teachings on the laws governing promises, contracts, and treaties, as expounded in his De jure belli acpacis. Grotius distinguished between promises and contracts. A promise to transfer a property right is binding when the promisor expressed his intention with an external sign, and the promisee has accepted the promise. As the binding effect is based on the free will of the promisor, the so-called vices of the will (duress, fraud etc.) can invalidate the agreement.