Abstract

SARMIENTO E, Juan Pablo. Contractual Liability for Foreseeable Risks, between the Autonomy of Private Will and Thoroughness of the Public Procurement Rules. Rev. Derecho Estado [online]. 2016, n.37, pp.189-211. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n37.06.

ABSTRACT The expected contractual risks no specific rules in the regime of "common law". However, the autonomy of private will usually solve this gap through ancillary contractual provisions. However, the rules of government procurement, the rigidity of contractual design process imposes duties on typing, estimation and allocation of risks that do not seem to be defined by the relevant legal regime. In this article I argue that, as a result of regulatory dispersion of administrative contracts, the legal regime of foreseeable risks is unknown, although the rules inflexible contractual design stage.

Keywords : Predictable contractual risks; autonomy of private will; unforeseeable situation; responsibility principle.

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