Derecho Contractual

I’m planning to prepare 2 topics, maybe you could help me choose one I’m looking forward to your suggestion and I’m open to change my topic anytime, jeje. Because I don’t know which one will be easier for me….:(

Topic 1,The influence of the risk transfer in breach of contract. I am not sure of the relation between risk transfer and breach of contract. What I understand for “risk transfer” is that after the delivery of a good, if such good perishes or is destroyed or lost because force major or without a party’s fault, then the party who bears the risk will bear the lost, and cannot demand a compensation from the other party. Therefore, the risk transfer does not refer to a breach of contract in this way. Please let me know if I got the wrong idea.

Brief description: The timing of transfer of risk in international sales contract is consistent with the” Delivery”? will the Breach of contract cause different situation in risk transfer?

This paper is trying to analyze the different situation of risk transfer caused by the breach of contract, comparing with different legal system in different countries in order to summarize some reference for Chinese

Contract Law.

Needed information: Contract law in Latin America, references of reach of contract, references of title and risk transfer, fundamental breach of contract, cases.

I can help you with Chilean materials. Chilean law is different than others, in French law the property of a good is transferred by the purchase contract (even before delivery), and the risk is transferred too at that time. In Chilean law the property is transferred with the delivery, not with the purchase contract, but the risk is transferred with the purchase contract.

Topic 2, Analysis of the Contract Law in Spain and Latin America.

Brief description，Recently there are many Chinese enterprises doing business in Latin America, this paper will study the evolution of the legal history in Latin America, maybe from the early Roman Law to civil code until

theModern Contract Law. This paper is trying to give some tips for Chinese companies when they sign a sales contract.

Needed information: Latin America law history and evolution, the future of contract law in Latin America, cases in contract signing for Chinese companies en Latin America.

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