The Struggle for the Soul of the Contract: From Contractual Literalism, through the Law of Remedies, to the Confrontation between Contractual Equity and the Economic Analysis of Law

The Exegetical School of Law, which postulated the defense legal literalism, meant that in matters obligations, forced fulfilment or specific performance obligations was central to system contractual remedies. Furthermore, literalism prevents judge from revising contract, unless requisites existence and validity are affected. objective theory contracts would change this maxim, allowing intervene contract alter how its operates. most significant expression paradigm –which allows for limited intervention by judge– is European law has been developed fundamentally through principle good faith. present work highlights theories based on equity order contrast it with economic analysis