El precio determinable por tercero en la compraventa
The author analyzes the institution of third party pricing from recent studies of civil law and economic analysis of law. First, price is defined as a subjective valuation done by contracting parties regarding certain goods. Similarly, the determinable price is the one that is not explicit in the co...
| Autor Principal: | Ayllón Valdivia, César |
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| Formato: | |
| Idioma: | spa |
| Publicado: |
Foro Jurídico
2016
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| Acceso en línea: |
http://revistas.pucp.edu.pe/index.php/forojuridico/article/view/19852 |
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| Sumario: |
The author analyzes the institution of third party pricing from recent studies of civil law and economic analysis of law. First, price is defined as a subjective valuation done by contracting parties regarding certain goods. Similarly, the determinable price is the one that is not explicit in the contract, but the necessary and sufficient rules are settled in order to determine the price without the intervention of the parties. The pricing made by a third party cannot be described as arbitrary, because it is the result of free negotiation of the parties. Finally, it is argued that there are two ways of understanding the legal nature of price determination: consider it as a void contract while his determination is pending and, second, that it generates obligational effects, so it is valid from the date on which the contracting parties express their consent. |
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