The rejection of uncertainty in contract law
Van Den Bavière, Aurélie
The rejection of uncertainty in contract law - 2024.
52
Uncertainty is a central issue in contract law. Is it not traditionally said that the contract is an act of foresight, an act intended to protect against the uncertainties of the future? But predicting is not knowing. At first glance, the forecast raises doubts. The time frame it covers also involves risks: reluctance on the part of the debtor, market developments, health crises, war, and so on. Uncertainty therefore seems consubstantial with the contract because of the potential breach of its conditions. However, while the law cannot overcome natural uncertainty, its objective is to offer, albeit artificially, a form of legal guarantee. How? By promoting objective legal certainty at the contract formation stage and subjective legal certainty at the enforcement stage. In doing so, the contract emerges as a tool of legal certainty that defies natural uncertainty.
The rejection of uncertainty in contract law - 2024.
52
Uncertainty is a central issue in contract law. Is it not traditionally said that the contract is an act of foresight, an act intended to protect against the uncertainties of the future? But predicting is not knowing. At first glance, the forecast raises doubts. The time frame it covers also involves risks: reluctance on the part of the debtor, market developments, health crises, war, and so on. Uncertainty therefore seems consubstantial with the contract because of the potential breach of its conditions. However, while the law cannot overcome natural uncertainty, its objective is to offer, albeit artificially, a form of legal guarantee. How? By promoting objective legal certainty at the contract formation stage and subjective legal certainty at the enforcement stage. In doing so, the contract emerges as a tool of legal certainty that defies natural uncertainty.
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