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Comparative and Foreign Law

Edgardo Muñoz

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Las Reglas Clásicas Sobre La Formación Del Contrato En Los Derechos Internos Iberoamericanos, Edgardo Muñoz Dec 2012

Las Reglas Clásicas Sobre La Formación Del Contrato En Los Derechos Internos Iberoamericanos, Edgardo Muñoz

Edgardo Muñoz

The process of formation of the contract is an open differential in the different laws of the Latin American countries, although in some cases some harmonic rules can be derived from joint interpretation of existing provisions. In this paper, we analyze the different solutions adopted by Latin American domestic rights to respond to events in the formation of the contract through offers and acceptances.

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The Good Faith Principle In Iberoamerican B2b Contract Law, Edgardo Muñoz Dec 2010

The Good Faith Principle In Iberoamerican B2b Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.

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Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz Dec 2009

Right To Withhold Performance Under Iberoamerican Law, Edgardo Muñoz

Edgardo Muñoz

Modern practice shows that the most efficient remedies for breach of contract are still those that avoid the unnecessary transfer of assets among the parties. Thus, for example, the right to withhold performance protects one party from incurring unnecessary loss caused by performing his own obligation without receiving the counter-performance from the other party, likewise, the right to avoid the contract, even before the time of performance, if it becomes apparent that one of the parties will not duly fulfil his obligations, prevents expenses in an unnecessary continuation of a contract. As these remedies evidently oppose the core pacta sun …

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Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz Dec 2009

Impossibility, Hardship And Exemption Under Iberoamerican Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.

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