The pandemic as an element of frustration of contract

Abstract

The Argentine Republic has provided for the theory of frustration of purpose, a doctrine from the common law, in its Civil and Commercial Code. This concept has been adapted to the country’s economic reality and entails that, in the event of an extraordinary, supervening and subsequent change in the conditions existing at the time of entering into a contract, any of the parties may lose interest in said agreement, thus resulting in its renegotiation. This regulation can be very useful framed in the current situation of the pandemic.