Taking into account the interest of the contracting party

A sufficient particular concept of taking into consideration the other party's interest cannot intervene principally at the service of the selfish or common interest. Its pure theory is therefore characterized by relational dynamism, altruism and a basic distinction between interests. Concerning its theoretical reality in contractual law, it is based on a fraternity principle. Such principle constitutes firstly its conceptual support, to the exclusion of solidarity from which it is distinguished, since its content corresponds to the triple dynamic that characterizes the notion's pure theory. Secondly, it constitutes its real basis, since it allows overcoming the limits of its concurrent basis - the good faith and the contractual solidarism - and is the principal-axiom where it finds its source. As to its material reality, a part of the evolution of the classical theory of obligations and contracts is materialized by such taking into consideration. It is manifested on the one hand as a temperament to the contractual freedom principle, sometimes as a positive standard of behavior - in the relational good faith and the reinforced obligation of information - and sometimes as a limit to a contractual prerogative - in the control of abuse and potentially the obligation to mitigate damages. It is manifested on the other hand, as an adjustment of the binding effect principle, when occurs a difficulty of execution that is exterior to the other party - in the duty to renegotiate the contract and potentially the unforseeability theory -, or inherent to this party - in the grace measures and the legislation on the adjustment of private individuals excessive indebtedness.