000 01723cam a2200313 4500500
005 20250112025932.0
041 _afre
042 _adc
100 1 0 _aVan Den Bavière, Aurélie
_eauthor
245 0 0 _aThe rejection of uncertainty in contract law
260 _c2024.
500 _a52
520 _aUncertainty 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.
690 _aLegal security
690 _aContract
690 _a(un) certainty
690 _a(Un) predictability
690 _aRisk
690 _aForecast
690 _aLegal security
690 _aun) certainty
690 _aContract
690 _a(Un) predictability
690 _a(
690 _aRisk
690 _aForecast
786 0 _nRevue CONFLUENCE : Sciences & Humanités | o 5 | 1 | 2024-05-02 | p. 105-120 | 2826-4029
856 4 1 _uhttps://shs.cairn.info/journal-confluence-2024-1-page-105?lang=en
999 _c150765
_d150765