Abstract

RUIZ SUTIL, Carmen. Re-emergence of Limiting Agreements in the International Contracts: A Developed Regime for American and European Systems. Bol. Mex. Der. Comp. [online]. 2015, vol.48, n.143, pp.763-798. ISSN 2448-4873.

Excluding liability clauses are complicated to negotiate on an international level because its validity can be easily challenged. For the major part f doctrine, the international commerce needs the validity f these clauses in order to enhance the contracts' celebration. Otherwise, it would suppose a very high contractual risk. From a comparative point f view, we realize that national legal systems have developed specific control tools, as well as the international conventions of contractual unification. In this study, we have classified in three blocks the limits that affect the validity f the excluding or restricting liability clauses, we have therefore adopted a "lege ferenda" proposal in order to harmonize and to wrap up the existing limits in the legal systems so that the differences are no longer that significant. This formula tries to minimize the risks and to ensure to the maximum the legal security and efficiency in international contracts.

Keywords : Liability for Non-Performance; The  Contract's Main Obligation; Good Faith; Fraudulent or Guilty Behavior; Debtor; Lege Ferenda Proposal.

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