Foundations of legislative intervention in contractual will

Abstract

According to the general provisions of civil law, the contractual will is what determines the terms of the contract, and neither the judge nor the legislator may amend the terms established by that will. This is in accordance with legal principles, foremost among them the provisions resulting from the principle of the supremacy of the will, a product of individualist philosophy.

However, the intellectual currents that confronted the effects of this philosophy and the principles opposing individualism have led to the legislator's intervention in the terms of the contractual process, and a refusal to accept the absolute dictates of the will. This intervention is in response to several requirements, and a number of established principles can be identified by examining legal provisions that have demonstrated intervention in contractual will, in addition to other principles recommended by legal scholars.