Julio - Diciembre 2016
Julio - Diciembre 2016

El solidarismo contractual desde el análisis económico del derecho



DOI: http://dx.doi.org/10.15425/redepriv.56.2016.04





At the time of be bound it is clear that each of the parties is pursuing individual interests and therefore the dynamic normally takes place inside a contractual individualism but there may be some situations in which it is necessary to depart from that "selfishness" and go to new approaches, such as for example the contractual solidarism. The use of this doctrine would in some cases (not all) on the one hand lower costs involving the fulfillment of the contract, and on the other hand raise the expected utility for each of the parties, reconciling this way imperatives classic of the stability and security with legal principles such as solidarity, collaboration, among others. And it is precisely the economic analysis of law which allows us to assess in what situations or circumstances the contractual solidarism proves to be more efficient than the individualism contractual taking into account the reasonableness of the subjects, their preferences and expectations of utility?