Abstract

BAUER, THEA CHRISTINE  and  FANDINO, MARIANA BERNAL. Contractual Solidarism and Relational Contract Theory: Alternative Approaches to Contract Law in Light of the Covid-19 Pandemic. Rev. Derecho Privado [online]. 2021, n.41, pp.53-80.  Epub Aug 20, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n41.03.

The effects of the pandemic have rendered obvious that legal instruments such as force majeure and unforeseeability are insufficient when facing difficulties caused by extraordinary circumstances after the moment of contract formation beyond impossibility of compliance or excessive onerous benefits. This article intends to analyze two different approaches which could offer a solution for the issue presented, while aiming to achieve greater contractual justice - namely the doctrine of contractual solidarism and relational contract theory.

Keywords : breach of contract; pandemic; force majeure; unforeseeability; solidarism in contracts; relational contract theory.

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