Abstract

Equality in exchange has long been a popular topic for comparative legal studies. The following article examines the legal remedies provided by Private Law for the instances of contractual imbalance in the twentieth and twenty-first centuries. Until recently, most studies on this topic were limited to the French, German and English legal systems. The present article looks instead at the so-called ‘derived legal systems’: specifically, those of Switzerland, Poland, Italy and the Netherlands. Each of these systems marks a new stage in legal evolution, distinguished by a constant striving for greater flexibility and certainty within the field of contractual relations.

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