El valor del principio de confianza legítima en el cumplimiento de los contratos

Zusammenfassung

Spain is established in a social and democratic State of Law that guarantees through the Constitution, among others, the principle of legal security. However, conjunctural situations of various kinds have undermined this guarantee of certainty, which has caused distrust in the system. To restore balance, can be used the principle of legitimate trust that inexorably gravitates on various areas of the Spanish legal system. Thus, in the administrative law is expressly recognized in Article 3.1.e) of Law 40/2015, of October 1, Legal Regime of the Public Sector, which means having a limit to the exercise of administrative powers, based on respect, not only of the rights acquired, but also on the expectations generated. For its part, the civil law does not provide an explicit reference to legitimate expectations, but it is proposed, de lege ferenda, to be included in article 7.1 of the Civil Code that already regulates good faith. The same happens in Private International Law, which states that there is no direct reference to legitimate expectations and proposes, in order to remedy this, its insertion in the proposal for a Regulation of the European Parliament and of the Council on a common European purchase and sale regulation 2011, although the slow process that is undergoing its adoption does not allow for a hopeful result