La excesiva onerosidad: una mirada a su regulación en la normativa cubana en sede de contratación económica

Abstract

Hardship has been recognized by doctrine and international law as a circumstance that affects the compliance of the obligations. So, with the existence of this institution, the contractual principle “pacta sunt servanda” is relative, because the parties can either renegotiate the terms originally agreed or end the contractual relationship. This article focuses on the historical background of the hardship as institution, as well as a brief analysis of the same on the Principles of International Commercial Contracts UNIDROIT (2010) and the Vienna Convention of 1980 on the Principles of the European Contracts Law. A principal objective of our analysis is the occurrence of regulation of hardship contained in Decree Law 304 "Of the Economic Contracts," in force in Cuba, as an expression of the legal regulation of the institution in the Cuban legal system. This article was prepared on the occasion of the XIII International Conference on Contract Law, held in Havana in January 2014

DOI:http://dx.doi.org/10.15304/dereito.24.1.2503