2024

DOI: https://www.doi.org/10.31178/AUBD/2024.10

Abstract:Unforeseeability is objective in nature both with regard to the verification of its conditions and the application of its effects; neither of these aspects involves penalizing the conduct of either party, including through the imposition of damages. However, certain situations inherent to the mechanism of unforeseeability can be identified, which allow for the consideration of the issue of damages awarded either as compensation for loss or as compensatory damages. These situations may arise during the verification of the conditions of unforeseeability (failure to comply with the obligation to negotiate), during the implementation of the effects of unforeseeability, upon judicial adjustment or termination of the contract, or when unforeseeability is invoked in bad faith (in which case the legal issue must be determined: unlawful invocation or abusive invocation?).

Keywords:unforeseeability, duty of good faith, damages, compensatory damages, civil liability