Abstract

When considering the freedom of contract, given the opportunity granted to the parties to access typical and atypical contractual forms, the substantial cause assumes an essential key role, which represents a synthesis of the real interests pursued by the parties. This also occurred in cases of independent contracts of guarantee and claims made provisions. Even if they are classified differently, both models share the importance that the judgment on the merits fulfills in balancing the contractual performance in the light of the values of the legal system.