Comparative Constitutional Protection of Contracts in the United States and Chile
Georgetown University Law Center; American University - Washington College of Law; Chilean Bar Association; New York State Bar Association (NYSBA); D.C. Bar Association; United States Supreme Court Bar; Inter-American Bar Association; U.S. Court of International Trade
Pontifical Catholic University of Chile - Law Faculty
July 18, 2012
American Society of International Law's International Legal Research Informer, p. 5, Summer 2012
The article highlights both the historical and the current symmetry between the legal foundations of the American doctrine of the “impairment of contracts,” and the principle of intangibilidad de los contratos (inviolability of contracts) under Chilean law. It advances the thesis that even though they proceed from two different juridical traditions, the American from the common law tradition, and the Chilean from the Roman-Canon-civil law traditions, both the American and Chilean systems share important similarities in jurisprudential developments regarding the protection of the sanctity of contracts, and by extension in the protection of the right to private property.
Number of Pages in PDF File: 35
Keywords: Contracts, impairment of contracts, comparative law, Chile, right to propertyAccepted Paper Series
Date posted: July 18, 2012
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