Protest the defects of consent in formal contracts

Abstract

Formality is the legally required process that should be followed in order the contract is concluded and deemed valid. It is a way of expression the contractual intention and without it; the contract cannot be legally formed. Vices of consent are those conditions that attack the validity of parties' consent and make it defected, which are: Duress, Fraud and Error.                                                      
Regarding the legal impacts of vices of consent claim in formality-concluded contracts, there should be a differentiation between the case of making the claim before completing the required formality, and after completing it. In the first instance, there cannot be any claim of vices of consent because the contract is non-existed yet. However, after the completion of required formality, the contract is considered valid and therefore, any claim of the existence of vices of consent will be a rationale matter as the all elements of contract formation are done, yet the party's consent is defected