Frustration and Covid-19: On the role of the courts and statutes in times of crisis
Our partner Ernesto Vargas Weil published the article "Frustration and Covid-19: On the role of the courts and statutes in times of crisis", available in the latest edition of the Chilean Journal of Private Law of the Fernando Fueyo UDP Foundation. In his analysis, Ernesto maintains that, in the Chilean case, the best route to accept the theory of unpredictability is a legislative reform, but that the last bill seeking to modify the Civil Code does not have the technical depth required for it. On the other hand, he argues that general and unforeseen crises, such as that of COVID-19, must be addressed through special legislation, not through general legal reforms or judge-made law that imply paradigm shifts. We invite you to review the article at this link.