Vi coactus
Compelled by force.
Vi coactus means ‘under duress’ or ‘compelled by force’. It refers to a legal act performed under physical or psychological coercion, which may impair its validity.
Vi coactus is a Latin term that literally means “compelled by force.” In Dutch law, the expression denotes that a party has been induced to perform an act—such as entering into a contract—by means of violence or threat.
The concept is pertinent in the law of contract, since duress vitiates the free will of the parties. An agreement concluded under vi coactus is liable to be set aside pursuant to Article 3:44 of the Dutch Civil Code, provided the duress is established.
In practice, vi coactus arises in cases of intimidation or physical violence, for instance where documents are signed under threat. The aggrieved party must adduce concrete facts to obtain annulment.
“The defendant argued that he had signed the acknowledgment of debt vi coactus, rendering the agreement voidable.”
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