La ventaja o explotación injusta en el ¿futuro? Derecho contractual

Producció científica: Article en revista no indexadaArticle


From time immemorial, the existence of contractual exchanges in which there appears to be a marked imbalance in the value of the objects or services exchanged has given rise, at the very least, to perplexity and serious doubts about its admissibility. One way of combating this perplexity and these doubts has been to recognise that if this disproportionally imbalanced outcome is due to unjustifiable exploitation by one of the parties to the contract of a particular situation of weakness in the other party (extreme need, ignorance, inexperience or others), the "weak" party is entitled to a remedy to eliminate or at least mitigate the consequences of that iniquitous contract. During the last decades, it has become commonplace for texts on contractual law of a non-local nature to include a rule on "unfair exploitation" or "gross disparity" (depending on the text), which has led to a state of widespread acceptance of the desirability of incorporating a similar rule at the local legislative level. This has also been the case in the sphere of contract law in Spain, specifically in the areas of State law and Catalan law, each tributary to a radically opposed tradition regarding the matter of contractual imbalance in exchange contracts. This article analyses the treatment given to this issue in the various proposals for a new contract law, with particular attention to the State and Catalan regulatory proposals in the sphere of Spanish law.
Idioma originalCastellà
Publicació especialitzadaInDret: Revista para el Análisis del Derecho
Estat de la publicacióPublicada - 1 d’oct. 2016

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