Contexto Internacional del Contrato de Compraventa Internacional

Abstract

The rules that establish the limits of liability, with respect to contracts for the international sale of goods, find their application in national positive law, starting from articles 981 et seq. of the Commercial Code, to the extent that they define the factors for which the parties are contractually responsible. Likewise, there are international conventions in which the Hage, Hage – Visby and Hamburg Rules deal with the limits of the contractual liability of the parties, for failure to deliver the cargo, imperfect execution or, in late compliance with its obligations. At the time of such normative restrictions, private international law has also defined the circumstances in which the exclusion of the invocation of force majeure operates, as a cause of exoneration of responsibility to the non-compliant party, when claiming for a non-compliance that by be foreseeable, can be avoided or exceeded, under penalty of compensating, when it comes to applying the total of the contractual clauses that regulate the matter, as well as the compensation that may be applicable. Thus, insurers must consider the review of the insurance contract, with regard to foreseeable risks, such as non-compliance caused by the container crisis of 2020-2021, generated at some point by the measures. of confinement due to Covid -19.