Abstract

HEVIA, Martín. Kronman, el derecho de los contratos y la justicia distributiva. Isonomía [online]. 2008, n.29, pp.177-191. ISSN 1405-0218.

In "Contract Law and Distributive Justice", Anthony Kronman argues that the voluntary basis of contracts should be conceived wholly in terms of a conception of distributive justice. In this essay, my aim is to cast doubt on Kronmans distributive thesis. Its main problem is that, under Kronmans distributive thesis, contracts become a mere instrument for the promotion of distributive justice. My claim is that, given the focus on distributive justice, Kronman's distributive approach cannot explain neither the privity rule nor the central role of consent in contract law.

Keywords : Distributive justice; contracts; relative effects; consent; Krumman.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )