REVISITING THE MUTUUS DISSENSUS
DOI:
https://doi.org/10.29393/RD253-11RMJN10011Keywords:
mutuus dissensus, ineffectiveness, mutual rescission, simulation, Chilean case law, Supreme Court's decissionAbstract
Through the analysis of the decision of the Supreme Court in case nº 9423-2009, we will review the mutuus dissensus, particularly its scope of application and its effects. In other words, we will try to establish whether this relief of ineffectiveness is applicable to fulfilled contracts, and we will also discuss the consequences this would entail. Our hypothesis is that the mutuus dissensus can operate as a supervening conventional ineffectiveness both for contracts that are pending execution and fulfilled contracts.Downloads
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Published
2023-06-30
How to Cite
Narváez Fuentes, J. (2023). REVISITING THE MUTUUS DISSENSUS. University of Concepción Law Review, 91(253), 249 - 259. https://doi.org/10.29393/RD253-11RMJN10011
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Section
Comentarios de Jurisprudencia
Copyright (c) 2023 Javier Narváez
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