Judicial Review of a Contract Versus the Principle of Binding Force

In the legislation prior to October1, 2011, the cases in which the court could intervene and modify the contract were very few, conditions for exercising such prerogatives being specifically indicated. The present Civil Code is crossed by the idea of recognizing a court’s intervention power on the contract, much higher compared to the old regulation, in accordance with other states’legislation and the international law. In this paper we examine whether the principle of the binding force of a contract does not preclude the recognition of a right to judicial review of a contract.