Lesion (definition)


Definition of lesion


legal term frequently used in contract law designating the prejudice suffered by one of the contracting for the benefit of the other, because of the imbalance in the value of the respective benefits. In other words, a Contracting provide a disproportionate benefit in relation to the service provided by the other Contracting. It also applies in the case of a share. The lesion is sanctioned by the payment of financial compensation, or the cancellation of the contract.

The notion of injury is envisaged by Article 1118 of the Civil Code regarding contracts, and by Articles 889 and following of the Code for the shares. The lesion is considered that in terms of building sales, fertilizer sales, assignment of rights of authors, and sale of agricultural and fishing products. The injury is assessed at the time of conclusion of the contract and it should not be confused with the foresight that takes shape under the contract.
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