Liberté, responsabilité et utilité : la bonne foi comme instrument de justice contractuelle

• Main Author: Grégoire, Marie Annik, 1971-
• Format: Others
• Language: fr
• Published: McGill University 2008
• Subjects: Obligations (Law) > Québec (Province).; Contracts > Québec (Province); Law > Philosophy.; Good faith (Law) > Québec (Province).
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115645

This thesis outlines the guiding principles of obligations law in Quebec, more particularly its contractual component. We are trying to establish a model of analysis that will seek to define and legitimize the precepts of justice that should guide judicial intervention in contractual relationships. === As part of this study, we identify certain principles that are fundamental in the theory of contract: notably, commutative justice, contract commutability, subjective rights and legitimate interests. We establish the relationship between each of these basic concepts to conclude that to be consistent with the principles of commutative justice, contract commutability shall not be based on a monetary equivalent of benefits but on the respect of a standard based on peaceful coexistence of rights and interests. It consists therefore of a normalization of contractual relations which ceases to be purely subjective. This finding leads to several inferences: the addition of the circumstances of the execution and termination of the contract, rather than simply its creation, to the possibilities of judicial review, a better legitimization of such review and the recognition of the principle of good faith as a privileged instrument for a fairer contractual commutability. Moreover, the last part of our thesis is devoted to examining judicial practice interventions based on good faith in order to illustrate the principles expressed in the study.