Theory of obligations, contracts and Economic right analysis: an argumentative review

Abstract

The paper aims to analyze the contract from an economic analysis of law perspective, focusing on the main inconvenience for its adoption as a legal instrument in Continental Law: the rules that make its adoption feasible and its structural rigidity. Likewise, the reason why the State must protect in the Contract Law, the efficient breach of the contract, the risks and the confidence are studied. It begins with a general review of the theories that justify the contract and continues with the application of the economic analysis of the right to Chilean civil law referring to the theories of risk and unpredictability. Finally, an evaluation of article 1.545 of the C.C. Chilean, as a limit to the judicial review of the contract.

Keywords

• theory of obligations
• contracts
• economic exchange
• contractual institutions
• juridical principles.