The content of the contract between personal inclination and objectivity a comparative study

125.01

Product description

The book / content of the contract explores the fundamental intellectual duality that governs the determination of obligations and clauses of the contract between the personal and the objective tendency. In the first section, it analyzes "the personal tendency" which places the will of the parties as the sole source of the content, tracing its historical roots and practical issues such as the emergence of the weak party and the lack of a contract, as well as traditional remedies through defects of will and good faith. Then, in the second section, it moves to "the objective tendency" which relies on external standards such as supplementary rules, custom, and justice to determine the content, highlighting its mechanisms as the theory of contract supplementation and the theory of the counterparty. The book provides an in-depth comparative study of the evolution of contractual thought and the balance between the freedom of will and the requirements of justice.