Abstract

BELTRAN-VALENCIA, Gustavo Adolfo. Institutions with an Unbalanced Provision Contained in the Unidroit Principles Applicable to National Legal Businesses. Opin. jurid. [online]. 2021, vol.20, n.42, pp.349-370.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a14.

The purpose of this article is to analyze the legal viability of the application of legal institutions that ensure contractual justice, such as excessive disproportion and excessive onerosity (hardship), regulated in instruments belonging to the lex mercatoria or international commercial law, particularly in the Unidroit Principles, in national legal businesses given the deficient regulation that our private legal system has in the face of these circumstances of unequal benefits; to fulfill this objective, a comparative study of the institutions that ensure contractual justice contained in the Principles with those contained in Colombian private positive law is carried out, and a study of various cases addressed by national and international arbitral justice, as well as by ordinary jurisprudence in the face of the possibility of complementation and integration of the norms of the Unidroit Principles in national legislation. All of the above to conclude that it is legally viable, through the domestic commercial source system and the purposes that the preamble of the Unidroit Principles expressly establishes, to directly apply the figures of excessive disproportion and of excessive burdens contained in this instrument of uniform law to national commercial legal businesses.

Keywords : international commercial law; lex mercatoria; Unidroit principles, excessive onerousness; excessive disproportion; private law.

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