Law as Facultas in Luis de Molina’s general Law of the contract

Abstract

In the present paper, the problema of the presence of the concepto of Law as facultas is studied, in what is known as “general law of the contract”, of wich Luis de Molina was a distinguished precursor, elucidating the real scope of the presence of the Law as facultas in that general contract doctrine. For this purpose, it is analyzed, among another points, the concept of Law in Luis de Molina’s De Iustitia et Iure, the relationships of the Jesuit tradition with the modernity and finally, the presence of that notion as an operative structure of his system is analyzed in his treatise De contractibus.