The necessary acknowledgement for the principle of contractual justice

Abstract

The new political and economic realities need a rethinking on the basic categories of contractual law, specially its general principles. Up to a point, where it is essential to recognize that the principles and tendencies that dominate the postmodern theory of contract in certain contexts complement each other, but undoubtedly in other aspects they contradict themselves widely. To solve this problematic, it must be taken into account that the notion of general principles of law, as well as the relative nature of the imperative need for juridical security, are framed inside the most pure roman tradition. Really, this contradiction generates tension between the imperatives of freedom and contractual justice.

Keywords

• Principios generales del Derecho, seguridad jurídica , teoría posmoderna de los contratos