IS IT POSSIBLE TO APPLY IN CHILE THE RESOLUTIONARY REMEDY FOR THE FORESEEABLE BREACH OF THE CONTRACT IN THE CURRENT LEGAL SYSTEM?
DOI:
https://doi.org/10.22370/rcs.2021.79.3067Keywords:
Obligations subject to term, breach of contract, remedy for resolution, anticipatory breach, uniform lawAbstract
The purpose of this research is to determine whether it is possible to apply in Chile the doctrine of anticipatory breach of contract in the context of obligations subject to a term when the creditor, prior to the expiration of the contract, indubitably know that the debtor will not fulfill his obligations in a timely manner. Mainly focused on avoiding a greater patrimonial damage and have the possibility to leave the contract in with the aim to celebrate another contract which adequately satisfy the interests of the
creditor, analyzing. The national current regulations, in light of the criteria provided by the uniform law.
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