- Corte Suprema de Justicia
- Sara Garófalo Benza v. Alejandro Mainero Maivolo & Dena S.A.
TV PERFORMANCE AGREEMENT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)
IMPLIED OBLIGATIONS – REFERENCE TO ARTICLE 712 OF THE CIVIL CODE OF PARAGUAY STATING GENERAL PRINCIPLES OF GOOD FAITH IN CONTRACT PERFORMANCE AND TO ARTICLES 5.1.1. AND 5.1.2 UNIDROIT PRINCIPLES ON IMPLIED OBLIGATIONS
Claimant, a Paraguayan cooking expert, entered into a contract with Defendant, a Paraguayan film producer, by which she accepted to participate in her quality of cooking expert in a TV serial produced by the latter. In the course of perfomance of the contract Claimant complained that Defendant did not provide safe working conditions on the set, prompting Defendant to terminate the contract. Claimant objected that the termination was unlawful and claimed damages for Defendant´s failure to fulfil its implied obligation of security on the set.
In deciding in favor of Claimant the Supreme Court of Justice confirmed the existence of such implied obligation and in so doing referred not only to the general principle of good faith in the performance of contracts as stated in Article 715 of the Civil Code of Paraguay, but also to Articles 5.1.1 and 5.1.2 of the UNIDROIT Principles dealing with implied obligations.