The Prejudice and the Imprevision - Situations that Cause a Contractual Imbalance

Abstract

The prejudice and imprevision are two situations that cause a contractual imbalance. Although in the case of both institutions of civil law there is a clear disproportion between the parties' services, the disparities among these are the ones that determine their existence as autonomous institutions regulated distinctly by the Civil Code, the prejudice being considered a vice of consent, while imprevision is appreciated as an exception from the principle of binding force of a contract, which has as its basis the principle of good faith and fairness.