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Search Results
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THE NEW PRINCIPLES OF FAMILY LAW
This paper presents a critical analysis of the new principles of family law, shows the influence of Human Rights in the great transformations of family law and especially in the configuration of its new principles. Insofar, a systematization of these principles is provided, and we propose to advance in their subject matter and identify their principal manifestations in positive law.
We propose as new principles of family law: the protection of the family, the protection of marriage, equity between the members of the family (spouse and children), the protection of the weakest in the family relationships (best interest of the child and weaker spouse), free will, and finally, the principle of minimum State intervention.
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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.
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NOTARIAL FUNCTION OF LEGALITY CONTROL IN CHILE
The present work analyzes the notarial function of legality control in Chile from its configuration as a Latin-type notary. To this end, the principles that inspire the role of the Latin notary and the configuration of the notarial function in Chile are outlined. After that, the notarial function of legality control and its different manifestations in chilean legal system is examined, highlighting the absence of express legal recognition of this function in general terms, which leads to propose arguments in favour of including such recognition in future notarial reforms.
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RAWLS AND TORT LAW: A CRITIQUE OF RIPSTEIN
The article challenges Arthur Ripstein’s theses on the place of private law (and tort law in particular) in John Rawls’ theory of justice. According to Ripstein, Rawls’ theory of justice grants private law a certain independence by exempting it from the distributive injunctions of the principles chosen in the original position. This conclusion has two bases, one negative and the other positive. On the negative side of the argument, Ripstein claims that Rawls’ original position does not lend itself to guiding the design of institutions, especially those institutions with a deontological structure such as tort law. On the positive side, Ripstein resorts to the idea of a division of responsibility between citizens and social institutions (an idea that Rawls presents in “Social Unity and Primary Goods”) to demonstrate Rawls’ commitment to a pre-institutional conception of ownership and to the independence of private law that would ensue. The article argues that Ripstein is wrong in neglecting the role of the original position and the principles chosen in that position and exaggerates the consequences for private law of the division of responsibility between citizens and institutions.
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CONTRACTUAL SOLIDARISMO IN FRANCE AND THE CONSTITUCIONALIZATION OF CONTRACTS IN COLOMBIA
Recently, a theoretical discourse that advocates a new reading of the general theory of contracts has taken hold. The theory maintains that in light of moral principles expressed through relatively precise “principles,” judges may employ broad powers in moderating economic relations agreed upon by the parties. The article examines, from the perspective of comparative law, the French and the Colombian cases, examining the different applications of this trend in the two countries. The paper uses an eminently critical approach in seeking to reveal the practical implications behind the scholarly rhetoric.
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INTERNATIONAL SALE OF GOODS: THE OBLIGATION TO RENEGOTIATE IN THE CASE OF SUPERVENING CHANGE IN CIRCUMSTANCE
The paper analyzes the obligation to renegotiate a contract in the case of hardship or supervening change in circumstance from the perspective of the uniform law of the Vienna Convention on Contracts for the International Sale of Goods and specifically the application of the Unidroit principles on International Commercial Contracts contained in Article 7(2) of said convention on the integration of those principles. The paper concludes that such an approach is appropriate and serves as an attractive option for domestic Chilean law in this field.