Research articles
The requirement of externality in the fortuitous case: its determination from the distribution of the risks of the contract
How to Cite
Brantt, M. G. (2010). The requirement of externality in the fortuitous case: its determination from the distribution of the risks of the contract. Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 33(2). Retrieved from https://www.rdpucv.cl/index.php/rderecho/article/view/703
Abstract
This work is aimed at reformulating the requirement of necessary externality in order to determine a fortuitous case. The intention is to propose an objective construction of the requirement, from the function of the distribution of the risks performed in every contract. This way, the event that does not correspond to the determination of risk of infringement in relation to those that, given the nature of the contract, were included within the scope of the debtor's obligation, and for which he cannot claim exoneration, will be considered external or alien.