Abstract

GRASSO, Manuel. Unpredictability, Contract and Unexpected Circumstances in the New Civil and Commercial Code of Argentina. Rev. Derecho Privado [online]. 2019, n.36, pp.93-125. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n36.04.

The present article has as main goal to problematize the requirement of the unpredictability as a condition for the application of the adjustment remedies or to provoke the resolution of the contract, which is established by the recent Civil and Commercial Code of Argentina (2014) for those cases in which the performance of the contract becomes excessively onerous. Despite the lack in the previous named legal code, unlike the former one, most of the Argentinian authors, as well as an incipient jurisprudence, its recognize its existence. After dealing with the regulatory text, as well as its many different interpretations, we will propose a "diversified" solution: the unpredictability should be a requirement when the performance of the contract becomes excessively onerous; on the contrary, it shouldn't be such a requirement when, as well as an excessively onerous, the performance of the contract becomes also unreasonable or iniquitous.

Keywords : Unpredictability; Adjustment or Termination of the Contract; Good Faith; Protection of Equity Balance; Performance Unreasonable or Iniquitous.

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