The impact of the principle of autonomy of the will on contractual justice

Abstract

The principle of autonomy of the will is considered one of the guiding principles of contractual justice through the freedom of contract and the binding force of contract. However, the evolution of contractual relations, in quantitative and qualitative terms, has resulted in contracts characterized by specificities regarding their conclusion and execution, with varying effects. For- in some cases- its justice is affected, either between the parties, or even affect third parties. This situation requires legislative or judicial intervention in order to modify the will, to direct it, or even to exclude it. All this with the aim of re-establishing-relatively- the economic balance of the contract, in order to achieve a specific objective, or to achieve the protection of an interest more important than the private interest.