The fragmentation of the general theory of contract in the Draft Civil and Commercial Code of the Argentine Republic of March 2012.
DOI:
https://doi.org/10.22235/rd.v0i7.787Keywords:
contracts, preliminary draft of the code civil and comercial argentino, constitutionalization of private law, sources of law, interpretation of law, legal business, contract of adhesion, consumer contractAbstract
Abstract. This work is part of a broader investigation into the current general theory of contracts, from the changes that have occurred in this legal Institute in recent years. It analyzes in particular – taking as leiv motiv the preliminary draft of the code Civil y Comercial Argentino – the tendency to unify the contracts, to prioritize an attitude that
well can be called a “Constitutionalist” by the judges in applying the law, the reference to the sources of the law, etc.
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