7.5 Epilogue

Society cannot do without reasonableness and the legal community cannot do without the principle of reasonableness and fairness, which is based on this social norm. In short, reasonableness is the ultimate community norm, simultaneously forming society and setting norms for society:

The obligation to exercise reasonableness that always exists between members of the community translates in law into the obligation for the individuals to be guided in their conduct by the requirements of reasonableness and fairness (art. 6:2(1) of the Dutch Civil Code). In general, this obligation entails the parties having to fulfil the promise they once gave, but may under special circumstances also lead to the contractual relationship being broken off, in whole or in part. Where the parties dispute the interpretation of their contract they also have to let themselves be guided by reasonableness and fairness and, as a result, by the obligation to take each other's legitimate interests seriously. If the contractual relationship is damaged due to unforeseen circumstances, the parties also have to act as reasonable people and to exercise fairness towards one another when looking for and finding a suitable solution. If they face each other in court, they also have to act reasonably and take each other's procedural interests seriously. A civil action, finally, is pre-eminently a place for giving account, a place where persons with legal rights as members of the `community of reasonable persons' have to be responsible to each other for their statements and conduct and, when requested, to be held accountable for them towards one another (and towards the community) This process of rendering account should preferably, and primarily, be initiated by the parties themselves. It is primarily the duty of the parties themselves to call each other to account in civil actions for their reasonableness, where necessary, and in such manner to confirm and to instil the existence and meaning of that norm to and in each other.