lA SUSPENSIÓN DE CUmPlImIENTo CoNTRACTUAl EN El mARCo DE lA EmERgENCIA...
The present work addresses, in the context of the exceptionality of the pandemic, three legal figures of essential utility for the solution of the multiple problems that it generates in legal relations, such as the suspension of contractual compliance,the preventive protection of the contract and th...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2022
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_7392 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_7392.dir/7392.PDF |
| Aporte de: |
| Sumario: | The present work addresses, in the context of the exceptionality of the pandemic, three legal figures of essential utility for the solution of the multiple problems that it generates in legal relations, such as the suspension of contractual compliance,the preventive protection of the contract and the principle of harm prevention and renegotiation. Its legal regulation is analyzed in detail in articles 1031 and 1032 of the Civil and Commercial Code of the Nation, placing them within the framework of the general theory of the contract within the category of the suspension of its effects,\nsuspension of the contract in the face of total breach or partial, being linked to it the preventive guardianship that foresees other cases of suspension of the contract, which point to the preventive guardianship of the person who invokes them. Then its practical purpose is addressed, emphasizing that it is a figure whose purpose is to maintain the relationship of interdependence link of the obligations arising from a bilateral contract and also carry out through it the generic duty of prevention of damage. In turn, the assumptions of inadmissibility of the figure and of origin of the resolution for noncompliance are analyzed. Finally, the usefulness of these figures in times of health emergency is analyzed and the duty to renegotiate is developed as a kind of the so-called general duty of negotiation and the conclusions of this work are reflected. |
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