Abstract

GOMEZ VASQUEZ, Carlos Fernando. Riesgo contractual y extinción del contrato. Opin. jurid. [online]. 2006, vol.5, n.10, pp.123-140. ISSN 1692-2530.

The annulment of an obligation emerging from a bilateral contract, due to the impossibility of fulfillment that is non-immutable to the debtor, substantially effects the internal structure of the contract, because of the fact that as long as the cause concept of the contract points towards the necessary sinalagmatic feature between the correlative services of the parties, such annulment impedes the maintaining of the interdependency or mutual conditionality between the conventional obligations, which should force the annulment of the contract. This article, in general and eminently theoretical terms, elaborates on the annulment of the obligatory relationship due to the impossibility of fulfillment; on the problem of contractual risk; and finally on the solution that, from such a problem, is imposed from within the structure of the bilateral contract which is delineated through the genetic as well as the functional concept of sinalagma.

Keywords : obligatory relationship; fulfillment; non-fulfillment; strange cause; contractual risk; bilateral contract; genetic sinalagma; functional sinalagma.

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