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SUPPLEMENTARY FUNCTION OF CONTRACTUAL GOOD FAITH AND DERIVED DUTIES OF CONDUCT. AN ANALYSIS IN THE LIGHT OF MODERN CONTRACT LAW
This article, after identifying and referring to the institutional functions performed by contractual good faith, focus on the supplementary function and the derived duties of conduct. The first part of the work is devoted to the discussion regarding the disadvantages and disadvantages of recognizing a supplementary function to good faith. The second part, bearing in mind the content of various harmonization instruments, presents a non-exhaustive catalog of duties of conduct that could derive from the supplementary function attributed to good faith, making reference to its current or potential recognition in Chile.
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NEW TRENDS IN THE UNDERSTANDING AND FUNCIONING OF THE JOIN AND SEVERAL OBLIGATION. AN ANALYSIS FROM THE INSTRUMENTS OF HARMONIZATION OF CONTRACTS LAW AND ITS POSSIBLE RECEPTION IN CHILEAN CIVIL LAW
The joint and several obligation, a multi-secular institution with great practical application, has been the subject of new analyses on its structure and operation. These analyses have been made within the modernization process of the law of contracts, principally on the basis of various European harmonization instruments, but extend to other regions. This paper tries to explain the way in which passive solidarity is being understood in this new context and its potential impact on the Chilean Civil Code, either by the possible amendment of certain of its provisions or, by the change in the way they are construed.
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BREACH OF CONTRACT AND REMEDIES FOR THE CREDITOR IN THE PROPOSED MODERNIZATION OF SPANISH OBLIGATION AND CONTRACT LAW
This paper analyzes the system applicable to default and its effects in the context of a proposal to modernize the law of obligations and contracts in Spain. The paper addresses both the proposed reform and what appear to be key ideas for the construction of a new order on breach of contract, based on current usage and functionality for the creditor. Such ideas include: understanding the contract, notion of default, plurality of remedies and the option of the creditor. The paper seeks to identify these ideas within the planned harmonization effort in light of European and international contract law models.