El principio general de reductio ad aequitatem por desequilibrio contractual
The demands of today's world, to be addressed, needs the proposal of dogmatic categories that contribute to the development of the legal system unifying concepts, simplifying interpretive trails, and on the basis of the tradition itself, redesigning the right tools to improve putting in tune wi...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3962066 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 22, 2012, pags. 219-275 |
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| Summary: |
The demands of today's world, to be addressed, needs the proposal of
dogmatic categories that contribute to the development of the legal system unifying
concepts, simplifying interpretive trails, and on the basis of the tradition itself,
redesigning the right tools to improve putting in tune with the demands of our time.
Hence the author's intent to venture into a historical-dogmatic reconstruction of
well-known figures in the tradition of the Roman-Germanic legal system, in order to
identify a principle of moderation in contracts. A principle of balance since the days of
medieval School is housed in the reductio ad aequitatem expression and is performed
with instruments that seek to correct and adjust the contract accordingly. Thus, the
author looks at the moments of celebration and performance of contract, to observe
the ratio of the institutes that serve the cause of equity to adjust the synallagma, contrast
abuses and imbalances caused by the parties or by unforeseeable events. |
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