ABSTRACT
A curiosity in comparative law is found in the doctrine of frustration of purpose, created by the English courts in 1903, which never took flight and remained a rarity of exceptional application, but at the same time, it was looked upon favorably by certain civil lawyers – especially Latin-Americans – who defended the importation of frustration of purpose with urgency. This paper explains that frustration of purpose is unnecessary and redundant for Civil Law jurisdictions.
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Sergio García Long, While English Lawyers Say No, Civil Lawyers Say Yes. The Intriguing Case of Frustration of Purpose in Comparative Law, European Review of Private Law, volume 31, issue 5, pp 979-1012 (2023).
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