El principio implícito de la buena fe y el trato justo como mecanismo modificatorio del contrato de franquicia dentro del derecho norteamericano
This article establishes the scope of the underlying principle of good faith and fair dealing as a mechanism that affects the obligatory nature of contracts (pacta sunt servanda) in the franchise agreement in American law. As such, it describes how the principle serves as a guiding mechanism sui ge...
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Main Author: | |
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Format: | Article |
Language: | Spanish |
Published: |
2015
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7249161 |
Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 54, 2015, pags. 27-58 |
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Summary: |
This article establishes the scope of the underlying principle of good faith and fair dealing as a mechanism that affects
the obligatory nature of contracts (pacta sunt servanda) in the franchise agreement in American law. As such, it describes how the principle serves as a guiding mechanism sui generis for contract modification, since the written clause is
obvious, if it harms the standards of integrity implicitly required by the cooperative nature of the agreement. A qualitative and legal, descriptive non-experimental applied methodology is used. This article concludes by reflecting upon the
fact that, ultimately, the principle is a kind of protective mechanism, whose use can prevent a party from being able to
manipulate the contractual terms or gaps, in order to take commercial advantage over the other, thus safeguarding the
contractual expectations of the individuals involved. |
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