Theory of useful and the Juste

The theory of useful and the Juste is a legal theory of the Droit of the obligations created by part of the doctrines against the Théorie of the autonomy of the will.

Among his authors, one finds in particular Ghestin.

According to them, the obligatory force of the contract does not find only its source in the meeting free and enlightened of the assents of the contractors, it must be useful and right and thus in conformity with the Law and order. Consequently the judge has the capacity to restore the balance of a contract.

The controversy seems exceeded today, the partisans of the autonomy of the will recognize the superiority of the legal standards and the partisans of useful and the Juste recognize the will like subjective element essential to the formation of the contract. The advent of new mechanisms such as the theory of the cause and the Abus right translate this theory.

One writes sometimes " theory of the Juste and the utile".

See

  • article of wikidroit
  • general notions of the contract

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