American Society of International Law's International Legal Research Informer, p. 5, Summer 2012
35 Pages Posted: 18 Jul 2012
Date Written: July 18, 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.
Keywords: Contracts, impairment of contracts, comparative law, Chile, right to property
Suggested Citation: Suggested Citation
Figueroa, Dante and Fermandois, Arturo, Comparative Constitutional Protection of Contracts in the United States and Chile (July 18, 2012). American Society of International Law's International Legal Research Informer, p. 5, Summer 2012. Available at SSRN: https://ssrn.com/abstract=2112318