Abstract

The reductionist view of contractual phenomenon, typical of civil codes and classical contract law, is a result of a blur that, overestimating the voluntary agreement, undervalues the exchange. Trying to show the partial and inadequate character of that vision of contract law, contextualists or relationists proposals have emerged, focusing on the defense of the relational contract model. These theories suggest relational justice as a new paradigm. It transfers the relational approach of sociology to law, and incorporates the analysis of plural economic reciprocity. Relational justice is formulated as a theory of justice, whose three elements offer a new theoretical framework where balances and imbalances that have been showing the legal contractual reality through out history can be contextualized.