By: Gonzalo Noboa Baquerizo

Main Partner Guayaquil

Contact

Tel.: +59342300814
Tel.: +59342302113

RESTRUCTURING LIABILITY – EFFECTS OF COVID-19

Notwithstanding that contracts are laws for the contracting parties, circumstances beyond their control may occur preventing or complicating their compliance. Taking into consideration the crisis that we are currently experiencing because of the COVID-19, in this essay we will summarize some of them:

1. Force majeure or fortuitous case.

2. Pacta sunt servanda and the consequences of rebus sic stantibus.

3. The Theory of Unpredictability.

4. The rupture of the economic equilibrium of contracts.

5. Clauses of adverse material effect.

6. The impossibility of performance.

7. Possibility of preventive tenders

8. Judicial or arbitral enforceability of contracts in these times