The Future of Contract Law in Latin America: The Principles of Latin American Contract Law

Preface
Contents
Contributors
Table of Cases
Table of Legislation and Related Instruments
Part I: The Principles of Latin American Contract Law:History and Context
	1
		The Process of Harmonisation of Private Law in Latin America: An Overview
			I. Introduction
			II. The Latin American Legal Family: Codification and Later Developments
			III. International Private Law and Regional Integration as Sources of Harmonisation
			IV. Academic Initiatives: The Principles of Latin American Contract Law
			V. Conclusions
	2
		The Principles of Latin American Contract Law: A General Introduction
			I. The Vocation or Finality of the Principles
			II. The Identity and Innovation of the Principles
			III. Conclusion
	3
		Harmonisation of Private Law in Latin America and the Emergence of Third-generation Codes
			I. Introduction
			II. Generations of Codes
			III. Private Law Harmonisation in Latin America
			IV. Generation Shift
			V. Closing Remarks
	4
		The "Principles of Latin American Contract Law" Against the Background of Latin American Legal Culture: A European Perspective
			I. Introduction
			II. The Forgotten Continent: Latin America"s Neglect in Mainstream Comparative Law
			III. Origins and Later Development of the Latin American Legal Orders
			IV. Idealism and Realism in Latin American Contract Law
			V. 'Nationalist' vs 'Universal' Spirit: The Methodological Divide Between Europe and Latin America
			VI. Possible Aims and Purposes of the PLACL
			VII. Conclusion
	5
		The Economic Conditions of Contract in South American Law: An Historical Approach
			I. Introduction
			II. Laesio and Usury in Colonial South America
			III. South American Contract Law in the Nineteenth Century
			IV. South American Contract Law in the Last Hundred Years
			V. Conclusions
	6
		The Principles of Latin American Contract Law and the CISG
			I. Introduction
			II. A General Comparison Between the PLACL and the CISG: Origin, Scope of Application and Issues Covered
			III. The Principles of Latin American Contract Law and the CISG: A General Comparison of the Principles Embodied in Both Texts
			IV. The Principles of Latin American Contract Law and the CISG: A Brief Comparison-Formation, Interpretation, Performance and Non-performance
Part II: The Principles of Latin American Contract Law:Comparative Analysis
	7
		The Notion of Contract and its Essential Elements in the Principles of Latin American Contract Law
			I. The Contract As an Agreement
			II. Agreement and Content of the Contract
			III. Agreements and Defective Will: The Case of Mistake
			IV. Failure of the Agreement: Subject-matter and Cause as Essential Elements
			V. Similarities and Usefulness
			VI. The Dangers of Syncretism: Some Examples
			VII. Conclusion
	8
		Formation of Contract under the Principles of Latin American Contract Law
			I. Introduction and Objective
			II. Definition and Elements of the Contract
			III. The Notion of Contract
			IV. The Consent of the Parties: Offer and Acceptance
			V. Missing Issues
			VI. Conclusions
	9
		Defects of the Contract under Articles 27 to 37 of the Principles of Latin American Contract Law
			I. Introduction: Different Models of "Defects" in the Formation of a Contract
			II. The Scheme Adopted by the Principles of Latin American Contract Law
			III. Concluding Remarks
	10
		Performance and Non-performance under the Principles of Latin American Contract Law
			I. Concepts
			II. Rules
	11
		The Provisions on Non-performance in the Principles of Latin American Contract Law
			I. Non-performance and the Battle for the Harmonisation of Contract Law in Latin America: The PLACL and Other Experiences
			II. The Guiding Principle of the PLACL: Good Faith
			III. Diligence of the Obligor and Its Effects on the Foreseeability of Harm
			IV. Prevalence of Good Faith and Diligence Over Reasonableness: An Outsider Standard in Latin America
			V. Gross Disparity Due to an Impediment Beyond the Control of the Debtor
			VI. Final Remarks
	12
		The Principles of Latin American Contract Law: A Response from an Outsider
			I. Introduction
			II. Seven Questions
			III. The Content of the Principles
			IV. The Form of the Principles
			V. Conclusion
Appendix: Principios Latinoamericanos de Derecho de los Contratos-Principles of Latin American Contract Law*
Index