Limiti del pacta sunt servanda, buona fede equitativa e dimensione sociale del contratto

Translated title of the contribution: [Autom. eng. transl.] Limits of the pacta sunt servanda, good fair faith and the social dimension of the contract

Research output: Contribution to journalArticle

Abstract

The contract, like every human act, is born historically conditioned, as every text is formed in a certain context. Moreover, the contract is rather the application of the principle of autonomy and thus the explanation of the power/freedom to impose rules and thus to be bound by the word: pacta sunt servanda; however, autonomy in this area must be understood in the sense of a relational autonomy in which at least two other fundamental principles of an ethical-legal nature play their role. These principles are good faith and synallagma. In the article, these principles are analyzed mainly with regard to balance or proportionality and the issue of changes in the circumstances of the contract. The traditional difference between good faith and fairness is defined and the contamination between good faith and fairness is examined: equitable good faith. Equitable good faith in jurisprudence is also profitably analyzed and the article focuses on the relationship between law, good faith and justice in the face of typical supervening and atypical supervening.
Translated title of the contribution[Autom. eng. transl.] Limits of the pacta sunt servanda, good fair faith and the social dimension of the contract
Original languageItalian
Pages (from-to)1515-1530
Number of pages16
JournalREVISTA DE DIREITO DA CIDADE
Volume13
DOIs
Publication statusPublished - 2021

Keywords

  • contratto
  • autonomia
  • buona fede
  • sinallagma
  • equity
  • contract
  • autonomy
  • good faith
  • synallagma
  • equità

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