What is violence?
It invalidates the consent when it is irresistible and produces a well-founded fear of suffering an imminent and serious harm to his person or property or family.
Violence must be proven by whoever suffers it. The evidence may consist of documents, witnesses, experts or any other means that demonstrate that the violence was irresistible and produced a well-founded fear of suffering an imminent and serious harm.
Violence can be of two types:
- Absolute: it is the one that is exerted on the person without taking into account their will, for example, through beatings, kidnapping, etc. Annuls the legal act for lack of consent.
- Relative: is the one that is exercised on the will of the person, taking into account their personal circumstances, such as their age, sex, marital status, etc. Annuls the legal act by defect of consent.