The Valences on the Notion of “Contractual Risk”
The Valences on the Notion of “Contractual Risk”

Summary/Abstract: The New Civil Code imposes a new angle regarding the subject of the contractual risk. The law-maker did not made a legal definition of risk, limiting itself to only indicating its rules of attribution and the effects from bearing a risk in certain situations. The risk represents an occurrence which produces a contractual imbalance, disrupting the initial balance determined by the parties, unanticipated by the parties, originated from an external source, independent from the will of the parties, under an aleatoric effect, predictable but uncertain, situation after which damages are produced.

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