Concurrent delay: proposed solution to a shared responsibility

Abstract

Any contractual operation has a risk, which can be assumed by one of the parties, as agreed. In this context, it is common for cases of delays due to concurrent causes imputable to both parties, which can generate a high difficulty when assigning the risk. In this article, the author explains, from a comparative perspective, the different possibilities of solution in front of cases related with the concurrent delay controversies. It analyzes the various doctrines developed both in the Civil Law tradition and in the Common Law.

Keywords

• Responsabilidad contractual
• mora
• contratos
• asignación de riesgos
• Common Law