The Principles of Latin American Contract Law: Nature, Purposes and Projections
| Autor | Rodrigo Momberg |
| Cargo | Pontificia Universidad Católica de Valparaíso, Chile |
| Páginas | 209-223 |
THE PRINCIPLES OF LATIN AMERICAN CONTRACT
LAW: NATURE, PURPOSES AND PROJECTIONS
RodRigo MoMbeRg
*1
Abstract
This paper analyses the nature and purposes of the Principles of
Latin American Contract Law (PLACL), the most recent inter-
national instrument of contract law at a regional level. This work
proposes that in addition to the usually assigned purposes of the
uniform or harmonized law instruments, the PLACL can also
full de function of encouraging the study of comparative law
in Latin America, making Latin American contract law visible
in the frame of the study of comparative law, and promoting the
reform of contract law in Latin America. The work also includes
a description of the context and history of the PLACL.
Keywords: Principles of Latin American Contract Law, uniform law, harmonized law, Latin
American private law
1. INTRODUCTION
The harmonization of contract law is a process that has evolved over several
decades, not being something new for those dedicated to the study of private law.
Various international contract law instru ments –both harmonized and uni form–
are nowadays an obligatory reference in works that provide a contemporary v ision
of contract law. Thus, by chronological order and without trying to be t horough, one
can cite the Convention on the International Sales of Good s (CISG), the UNIDROIT
Principles on International Com mercial Contracts ( PICC), the European Principles
of Contract Law (PECL) and the Dra ft Common Frame of Reference (DCFR).
Those instruments are certainly of dif ferent nature and scope of application, but
they all intend to constitute a set of harmoni zed rules for contract law.
The Principles of Latin A merican Contract Law (PLACL) are the most recent
initiative in this eld being their nal text recently approved by the academics
in charge of their dra fting. This work aims to dea l with the issue related to the
signica nce of a new harmonized contract law instrument, considering that other
already existing instruments could full the same purpose, issue that arose i n several
forums where the PLACL have been presented. Therefore, this work addresses the
*1 Ponticia Universidad Católica de Valparaíso, Chile (rodrigo.momberg@pucv.cl). This is a revised
and extended version of the lecture presented at Universidad Adolfo Ibáñez on September 4, 2017.
Article received on November 28, 2017 and accepted for publication on January 5, 2018. Translated
by Daniela Pavez.
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