Derecho de opción del contratante vencido en juicio por lesión enorme. Orígenes e interpretación del artículo 1890 del código civil

Translated title of the contribution: Optional rights of the contractor defeated in trial by laesio enormis. Origins and interpretation of the article 1890 of the chilean civil code

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2 Citations (Scopus)

Abstract

The concept known as laesio enormis which is to be found in article 1890 of the Chilean civil code harks back to Roman law. It is different from the one from the Napoleon Code insofar as it applies to both buyer and seller, according to an objective standard. Once the laesio enormis is acknowledged by the judge, the contract can either remains valid or become null and void, albeit in a distinctive way. If this so-called rescission is called for, the party which was unfair to the other one always keeps a ten percent of the just price. This is the fi rst problem of the consequences of the rescission, the second one being the obvious unbalance between the fates of seller and buyer, to the advantage of the seller.

Translated title of the contributionOptional rights of the contractor defeated in trial by laesio enormis. Origins and interpretation of the article 1890 of the chilean civil code
Original languageSpanish
Pages (from-to)297-312
Number of pages16
JournalRevista Chilena de Derecho
Volume39
Issue number2
DOIs
Publication statusPublished - 1 Aug 2012

ASJC Scopus subject areas

  • Law

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