European Academic Research ISSN 2286-4822
ISSN-L 2286-4822
Impact Factor: 3.4546 (UIF)
DRJI Value : 5.9 (B+)
Article Details :
Article Name :
The Modern Debate on Trust and the Doctrinal Novelty in Albania
Author Name :
Gjin Gjoni, Zhaklina Peto
Publisher :
Bridge Center
Article URL :
Abstract :
The historical development of the debate on trust in the twentieth century can be understood as a complex series of interactions between the two poles, leading to a gradual diversion to altruism. We recall here that the German "explosion" of trust in the doctrine of "transaction foundations" in 1920 paved the way for justice between the parties with the same negotiating power. This development cannot be understood as the defense of the weaker party or a general principle of substantive exchange of justice. The fundamental objective is that of justice and distribution in a situation of unreasonable loss of one party that brings a fortune unexpected for the other party. In the American debate, this issue has been clearly identified by Kessler and Fine, whose essays on the "fault of the fulfillment of the obligation" can be seen as the minimum of supposedly individualistic doctrines, developing the following altruistic notions: "The classic ideas of contract freedom and contracting equality are being challenged and modified in response to honest trust and honesty requirements. ". As above, at the conclusion of this debate, leaving the story aside and returning to the present, we can say with fullness that the same tension between the poles of individualism and altruism paves the way for modern debate over and how to extend trust in contractual obligations.
Keywords :
trust, doctrine, debate, Albanian practice, legislation.

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