Contractual justice and the constitutionalization of private law in recodification processes
The concept of contractual justice has been looked at in different ways in history, undoubtedly law is a phenomenon of social control and the contract is an instrument of economic control within the social structure. Therefore, the problem is presented in its historical, economic and social context...
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| Autor principal: | |
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| Formato: | Online |
| Idioma: | espanhol |
| Publicado em: |
Aequus Editorial
2018
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| Acesso em linha: | https://revistas.ues.edu.sv/index.php/revder/article/view/2114 |
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| Resumo: | The concept of contractual justice has been looked at in different ways in history, undoubtedly law is a phenomenon of social control and the contract is an instrument of economic control within the social structure. Therefore, the problem is presented in its historical, economic and social context or from an epistemological approach and understanding. A rediscovery or resignification of this concept is sought, which implies a migration in the way of seeing the matter; from a proactive position and a look or reasoning that concentrating the individual freedoms, the formalism and the rigidity of the institutions and the absolutism of the rights towards a socializing look and oriented to the search of moral limits in contractual relationships. |
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