Abstract

MOLINA-MORALES, Ranfer. The pacto comisorio: There Only Exists One and It Does Not Require a Judicial Declaration. Rev. Derecho Privado [online]. 2022, n.42, pp.87-110.  Epub Mar 31, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n42.05.

The sole purpose of this paper is to question the traditional position according to which there are two types of pacto comisorio (a termination clause in case of breach of the buyer in a sale, similar to the Roman lex commisoria), which are the simple one and the qualified one. This doctrinal position defends the thesis according to which, in order to enforce these clauses, a judicial decision is mandatory. I propose a thesis that there is only one pacto comisorio and it does not require a judicial declaration in order to be applied from this perspective, I analyze the phenomenon in favor of who it is stipulated that pact and what it is useful for.

Keywords : termination of a contract; breach of contract.

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