Full Description
This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law.
The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.
The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
Contents
Part I: The Principles of Latin American Contract Law: History and Context
1. The Process of Harmonisation of Private Law in Latin America: An Overview
RODRIGO MOMBERG
2. The Principles of Latin American Contract Law: A General Introduction
CARLOS PIZARRO WILSON
3. Harmonisation of Private Law in Latin America and the Emergence of Third-generation Codes
AGUSTÍN PARISE
4. The 'Principles of Latin American Contract Law' Against the Background of Latin American Legal Culture:
A European Perspective
JAN PETER SCHMIDT
5. The Economic Conditions of Contract in South American Law: An Historical Approach
GERARDO CAFFERA
6. The Principles of Latin American Contract Law and the CISG
PILAR PERALES VISCASILLAS
Part II: The Principles of Latin American Contract Law: Comparative Analysis
7. The Notion of Contract and its Essential Elements in the Principles of Latin American Contract Law
IÑIGO DE LA MAZA GAZMURI
8. Formation of Contract under the Principles of Latin American Contract Law
RODRIGO MOMBERG
9. Defects of the Contract under Articles 27 to 37 of the Principles of Latin American Contract Law
JOHN CARTWRIGHT
10. Performance and Non-performance under the Principles of Latin American Contract Law
JEAN-SÉBASTIEN BORGHETTI
11. The Provisions on Non-performance in the Principles of Latin American Contract Law
SABRINA LANNI
12. The Principles of Latin American Contract Law: A Response from an Outsider
HUGH BEALE
Appendix: Principios Latinoamericanos de Derecho de los Contratos—Principles of Latin American Contract Law
