Search Results
Search Results
-
-
UNILATERAL POWER TO TERMINATE THE CONTRACT FOR NONPERFORMANCE AND GOOD FAITH
The purpose of this article is to examine two issues. On the one hand, the control to which the unilateral power to terminate the contract for nonperformance must be submitted, as a tool of contractual remedy, in accordance with the parameters of contractual good faith and, on the other hand, accepting that good faith is a tool of assessment of the behavior of the creditor, determine what would be the liability regime applicable in the case that the creditor exercises such power against good faith and causes damage, in its exercise, to the debtor.
-
Latent defects and the claim for damages for professional negligence under art. 1861
This work analyses a recent decision which declared the liability of a seller of a highly complex product, the defects of which were not timely identified. Special attention is drawn to the possibility to claim damages pursuant to art. 1861 independently from the aedilitian remedies, as well as the impossibility of excluding the rules on latent defect through the aliud doctrine. Moreover, this commentary critically approaches the analysis of negligence of the seller in view of his professional qualifications.