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Author: search.filters.author.Varsi Rospigliosi, Enrique

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    False consensus: the ghost of good faith under article 7(1) of the CISG
    (Pontificia Universidad Católica Argentina, 2022-01-01)
    Good faith is one the matters that divides Civil Law from Common Law systems and is a starting point to discuss on the underlying philosophy found behind the pro-good faith and anti-good faith approaches. Taking this context into consideration, the CISG adopted a restrictive model of good faith (Common Law-friendly, in principle) and so it was expressed in its text, being article 7(1) the only provision that makes reference to good faith and regarding the interpretation of the CISG. However, since it was a false consensus, the story did not end there, and the ghost of civilian good faith continues to haunt the CISG facilities, and thus, even if it is not physically present, its presence could be felt through the lex mercatoria pursuant to article 9 CISG.
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    La repugnancia en el derecho civil. ¿Cuál es la importancia de las buenas costumbres en un ordenamiento jurídico?
    (Pontificia Universidad Católica del Perú, 2025-08-27)
    In this article, the concept of repugnance in Civil Law and its relationship with good customs is critically analyzed, addressing how these act as limits and sanctions against behaviors deemed immoral in specific historical, cultural, and legal contexts. Through a dogmatic, historical, and jurisprudential approach, the manifestations and applications of the concept of good customs in Peruvian and comparative legal systems are examined. Special emphasis is placed on its nature as an indeterminate legal concept, allowing its adaptability to diverse temporal and spatial circumstances. The findings highlight that good customs not only limit private autonomy but also reflect the predominant ethical values of a society, establishing themselves as an essential tool to ensure social cohesion and justice. Additionally, the study provides evidence of their role in regulating contracts, trademarks, and practices considered socially reprehensible, such as prostitution, pornography, or dwarf-tossing. Finally, it concludes that good customs are a dynamic and fundamental element in law, as they integrate social morality with legal norms, contributing to the preservation of human dignity and equity in legal relations.
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