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PRE-CONTRACTUAL PROTECTION AND CONTRACTUAL CREDITOR IN THE CHILEAN CIVIL CODE: TWO STRUCTURALLY DIVERSE SYSTEMS, BUT, ARE THEY FULLY COHERENT AND CONVERGENT?
The present work aims to tackle the precontractual protection system contained in the Civil Code as opposed to the contractual one, evidencing that, despite being based on different budgets and integrated by different means of protection, there is coherence in the protection granted to the creditor, which translates into areas of convergence that determine the need to recognize the possibility of choosing between one and the other and eradicate the alleged priority or hierarchy of the second with respect to the first that currently consecrate soft law normative instruments such as the UNIDROIT Principles.
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IS IT RIGHT THE ELECTION OF METHOD IN CALCULATING THE REDUCTION IN THE PRICE IN THE LATIN AMERICAN PRINCIPLES OF CONTRACT LAW?
The Latin American Principles of Contract Law project adopted the price reduction as a general remedy which can be applied to any contract, right position. They also approve a calculation method of reduction in price which is the same of art. 50 CISG. The paper, after an introduction which describes the process of unification of contract law in Latin American, realizes a critical analysis of this election and it demonstrates that this election is not the most appropriate.