Article Details : |
| | Article Name : | | The Modern Debate on Trust and the Doctrinal
Novelty in Albania | Author Name : | | Ph. D. Candidate GJIN GJONI, Prof. Dr. 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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