La revisión del contrato por las partes: El deber de renegociación como efecto de la excesiva onerosidad sobreviniente

Translated title of the contribution: Contract's review by parties: The renegotiation's duty caused by excessive onerousness of new circumstances

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Abstract

The paper analyzes, through a domestic and comparative law perspective, the duty of the parties to renegotiate the terms of the contract with the aim to adapt them to the new circumstances in cases of excessive onerousness. The author's hypothesis is that, based on currently existing legal provisions, particularly article 1546 of the Civil Code, is possible to state the existence of such a duty in Chilean Law, in cases of supervening and unforeseeable circumstances which have render the performance of the contract excessively onerous for one of the parties.

Translated title of the contributionContract's review by parties: The renegotiation's duty caused by excessive onerousness of new circumstances
Original languageSpanish
Pages (from-to)43-72
Number of pages30
JournalRevista Chilena de Derecho
Volume37
Issue number1
StatePublished - 1 Apr 2010

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