ABSTRACT
This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis-à-vis the promisor, a position manifesting itself in the promisee’s authority or control over the promisor’s performance, and supported, in particular, by the promisee’s supposed power, or at least some sort of ability falling short of a normative power, to ‘waive’ the promisor’s duty of performance. The article demonstrates that this explanation is rooted in a one-sided, and ultimately wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality.
Irina Sakharova, (Mis)Understanding Correlativity in Contractual Relation, Ratio Juris, volume 37, issue 1, March 2024, pages 48-66. First published: 8 January 2024.
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