- Corte Suprema de Justicia - Sala Civil y Comercial
- Jorge Moises Etcheverry Alí v. Rosa María Ramona Etcheverry de Brizuela
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)
DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY
In the present dispute, RESPONDENT applied for annulment of the ruling of the Appellate Court, because it allegedly based its decision on the UNIDROIT Principles, which do not have binding force in Paraguay, thus violating Paraguayan legislation. In particular the Court mentioned Article 5.1.3 of the UNIDROIT Principles, which refers to the principle of co-operation between the parties, affirming that this provision complements the principle of good faith in contractual relations present in Paraguayan law.
On its turn, CLAIMANT pointed out that the Appellate Court clearly indicated that the use of the UNIDROIT Principles was not of a binding nature, but was instead secondary or complementary to provisions included in the Paraguayan legislation.
Since the Court of Appeal used the UNIDROIT Principles as a complementary tool without infringing RESPONDENT’s rights under the national legislation, the Supreme Court considered the reference to the UNIDROIT Principles to be correct. The decision, however, was revoked on other grounds.