Orígenes y desarrollo de la laesio enormis y la doctrina del precio justo
Laesio enormis, through its complex history and development, from postclassic Román law to modern instruments of uniform law, has been the great institution that guarantees the justice of exchanges of contractual agreement. It has been questioned and reinterpreted, expanded and restricted on numerou...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2020
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8039505 |
| Source: | Revista Derecho Público Iberoamericano, ISSN 0719-2959, Nº. 17, 2020, pags. 251-293 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Laesio enormis, through its complex history and development, from postclassic Román law to modern instruments of uniform law, has been the great institution that guarantees the justice of exchanges of contractual agreement. It has been questioned and reinterpreted, expanded and restricted on numerous occasions, but the material justice substratum, beyond the agreement of wills, is what has remained stable. However, in legal systems, which took the model of the Napoleón Code, it is a problematic institution with the autonomy of the will and the pacta sunt servanda. On the other hand, those systems that give it a broad prove- nance can clearly recognize the concretion of the principie of contractual equilibrium as a requirement of objective good faith and fairness. |
|---|