Private autonomy and full compensation a study based on limitation and exclusion of liability clauses

Abstract

The article examines limitation and exclusion of liability clauses in light of the principles of private autonomy and full compensation. Based on a landmark decision by the Superior Court of Justice, the study explores the tension between private autonomy and corrective justice, as well as the legal boundaries for the validity of such clauses. It addresses the theoretical foundations of full compensation, the nature and function of limitation clauses and the normative scope of contractual freedom, drawing from national jurisprudence and doctrine. The article concludes that the validity of these clauses requires a contextual and technical analysis to determine when a contract ceases to be a legitimate tool for balancing interests and becomes a source of intolerable imbalance.