LA INCIDENCIA DE LA COVID-19 SOBRE LOS CONTRATOS INTERNACIONALES: UN ANÁLISIS DESDE LA PERSPECTIVA DEL DERECHO INTERNACIONAL PRIVADO ESPAÑOL
THE IMPACT OF COVID-19 ON CONTRACTS INTERNATIONAL: AN ANALYSIS FROM THE PERSPECTIVE OF THE SPANISH PRIVATE INTERNATIONAL LAW
Author(s): Carmen Vaquero LópezSubject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law
Published by: Universul Juridic
Keywords: health crisis; breach of contract; lex contractus; standards imperatives; proportionality;
Summary/Abstract: The protection of public health in times of pandemic has justified the adoption of legislative measures that have limited our personal freedom and its main manifestation in the contractual field, the party autonomy. In this situation of emergency, the spanish legislator has not considered the requirement of proportionality that the rules of state intervention in private relationships must meet and has even disregarded the mandate of primacy of European law, jeopardizing the international scope of the special rules on contracts adopted during the state of alarm.
Journal: Universul Juridic
- Issue Year: 2021
- Issue No: supliment
- Page Range: 116-133
- Page Count: 18
- Language: Romanian