An occasional commentary on some aspects of criminal law in Ireland.

Tuesday, 16 February 2010

Grandson of Hitler death-plot prince loses estate bid. German law looks bad here

http://www.independent.ie/world-news/europe/grandson-of-hitler-deathplot-prince-loses--estate-bid-2064684.html

I am astounded that while recognising Nazi Germany as a legal entity and properly constructed state, modern German law does not look at the facts behind a particular transaction. In the common law system contract law is based on the concept of consent freely given, without this there can be no binding contract, duress, undue influence, coercion, et cetera all being factors that invalidate a contract.

 I wonder how much duress was brought to bear on this brave man while he was a "guest" of the gestapo?

maybe it was all terrible civilised and he could leave any time he wanted, no hard selling or underhand modern techniques. hardly likely.

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