SHORT CONSIDERATIONS ON MANIFESTATIONS OF AUTONOMY OF WILL: CONTRACTUAL NEGOCTIATION AND IMPREVISION
SHORT CONSIDERATIONS ON MANIFESTATIONS OF AUTONOMY OF WILL: CONTRACTUAL NEGOCTIATION AND IMPREVISION

Summary/Abstract: Considered in the past a mandatory phase before the conclusion of any contract, the negotiation seems to have lost its importance with the spread of adhesion contracts that seem to fit with the demands of an increasingly dynamic society, where human time and resources are placed on a pedestal, and the real will of the parts is placed in a shadowy cone. As one of the components of contract formation, negotiation, at least as far as consumers are concerned, seems to have taken the form of the right to information of any party wishing to enter into a contractual relationship or to be limited to refusing to contract and looking for another co-contractor that can get closer to what is envisaged by each future party of an unformed contract. Although these are certainly manifestations of autonomy of will, it is easy to note that the classical scheme of the contract has undergone some changes, adapting to the new social realities. At the same time, by imposing itself as an exception from the "pacta sunt servanda" principle, the theory of imprecision, around which lies jurisprudential uncertainty, proposes, under certain cumulative conditions, the solution to the adaptation of conventions affected by a contractual imbalance. The same remedy solution for the adaptation of the contracts is provided, this time as an alternative, and in the case of error as a vice of consent, the parties being able to choose in favor of the "survival" of the invalid concluded contract.

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