revue critique de droit et sciences politiques
Volume 18, Numéro 1, Pages 444-466
2023-06-30
Contractual Justice: An Adjustment To Moralize The Principle Of Autonomy Of Will
Authors : Boulmerka Amina .
Abstract
Free-will in contracts has been the subject of a fierce controversy for a long time, considered as the biggest myth in the contractual field. According to the philosophy of the principle of autonomy of will, the contractual balance is achieved by the simple fact that the two parties accepted to contract, and the formed contract must be respected by law. But when contracts turned to a tool of domination and a source of injustice, the need of a true contractual justice has emerged. And for morality considerations, legislators and judges were allowed to interfere into contractual relationships trying to keep some justice in unbalanced contracts, in order to prevent or at least limit consequences of parties free-will who seek only to satisfy their own interests.
Keywords
Legislator interference ; judge interference ; unbalanced contracts ; commutative justice ; distributive justice
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