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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.
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Two differences between the chilean and french approaches to unjustified enrichment?
This paper reviews the position of Chilean case law and legal scholarship regarding unjustified enrichment. It identifies two ways in which recent case law and legal scholarship depart from their traditional position based on French law and explores some of the issues these developments could raise. It argues that the provisions on unjustified enrichment recently introduced to the French Civil Code may help dealing with the challenges imposed by an institution which has traditionally received little attention in Chilean law.