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Comparative Constitutional Protection of Contracts in the United States and ChileDante FigueroaAmerican University - Washington College of Law; Chilean Bar Association; New York State Bar Association (NYSBA); D.C. Bar Association; American Bar Association; Georgetown University Law Center Arturo FermandoisPontifical Catholic University of Chile - Law Faculty July 18, 2012 American Society of International Law's International Legal Research Informer, p. 5, Summer 2012 Abstract: 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 property Accepted Paper SeriesDate posted: July 18, 2012Suggested CitationContact Information
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