Certezza o equità? Il caso della rescissione per lesione

Even in private agreements, the dilemma between legal certainty and equity is evident, the alternative between keeping the content of the lex privata firm and unshakable or admitting, in given circumstances, the possibility of a modification in the name of substantial justice. The study of rescission for laesio enormis allows us to observe how the balance point has changed in the various historical epochs: when liberalism prevails, it is not permitted to terminate the efficacy of a contract because of a disproportion between the performances and legal certainty therefore triumphs; in periods that favour aequitas, there is a tendency to accept some intervention to rebalance the positions of the parties.