Overview

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.

Full Product Details

Author:   Rodrigo Momberg (University of Valparaiso) ,  Professor Stefan Vogenauer (Max Planck Institute for European Legal History)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.499kg
ISBN:  

9781509935147

ISBN 10:   1509935142
Pages:   352
Publication Date:   23 January 2020
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of 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

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Author Information

Rodrigo Momberg is Professor of Private Law at the Catholic University of Valparaiso. Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.

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