Abstract

HURTADO PALOMINO, José Vicente. The rebus sic stantibus clause en the purchase contract of an expected thing. Rev. Derecho [online]. 2015, n.44, pp.145-177. ISSN 0121-8697.  https://doi.org/10.14482/dere.44.7172.

In this paper, the application of rebus sic stantibus clause is revised in the purchase contract of future fruits from a crop in the form of rei emptio speratae, with the purpose of reviewing the legal nature (principle or general clause) and the structural elements of said clause; and assess its feasibility in the aforementioned contract, in accordance with the principle of good faith and the sui generis nature of that legal transaction which gives it the future character of its subject. The constitutional background of that general provision is also reviewed as reiteration of the Roman doctrine of person's primacy in the law. To perform the legal research, from a methodological point of view, a technique of thinking based on a problematic case study is adopted.

Keywords : general clause; principles, good faith; rebus sic stantibus; balance of benefits; purchase contract of an expected thing.

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