Edgard CORTES - Professor (université Externado de Colombie)
Denis MAZEAUD - Professor (université Paris 2)
Nathalie BLANC - Professor (université Paris 13)
Cyril GRIMALDI - Professor (université Paris 13)
Alain GHOZI - Professor (université Paris 2)
Juan-Carlos HENAO-PEREZ - University chief (Colombie)
In contract law, the agreement of the parties is ruled by the freedom of choice of forms of contract. In this way, contracts are signed by the mere consent of the parties, and there is a freedom regarding the ways for its externalization.
Despite this, the evolution of contract law and the need to combat specific contractual imbalances of contractual relationships, formalism is experiencing a revitalization process and a rebirth in contemporary law, with the main purpose to protect the contractual consent.
For these reasons it is necessary to analyze the role of formalism in the protection of contractual consent, reviewing its new manifestations, mainly in the field of consumer and commercial law ; finally finding its true effects and consequences in contract contemporary law.