Reasonableness and Responsibility: on Professor Martín Hevia's Theory of Contract Law

Abstract

In this paper, I will focus on the professor Hevia’s idea according to which the contractual relations are based on “fair interaction terms”, founded on reciprocity and unfairness of the unilateral imposition of the terms of contract. I will expose the difficulties that this expression brings, and I will analyze the problem that the adoption of Hevia’s thesis generates for certain type of contracts (for example, standard-form contracts). Besides, I will question some of Hevia’s ideas concerning to the object of the contracts and instrumental rationality inherent in contractual activity.