Revista chilena de derecho
versión On-line ISSN 0718-3437
MOMBERG URIBE, Rodrigo. CONTRACT'S REVIEW BY PARTIES: THE RENEGOTIATION'S DUTY CAUSED BY EXCESSIVE ONEROUSNESS OF NEW CIRCUMSTANCES. Rev. chil. derecho [online]. 2010, vol.37, n.1, pp. 43-72. ISSN 0718-3437. doi: 10.4067/S0718-34372010000100003.
The paper analyzes, through a domestic and comparative law perspective, the duty of the parties to renegotiate the terms of the contract with the aim to adapt them to the new circumstances in cases of excessive onerousness. The author's hypothesis is that, based on currently existing legal provisions, particularly article 1546 of the Civil Code, is possible to state the existence of such a duty in Chilean Law, in cases of supervening and unforeseeable circumstances which have render the performance of the contract excessively onerous for one of the parties.
Palabras clave : duty to renegotiate; contract adaptation; unforeseen circumstances.