- Tribunal de Apelación en lo Civil y Comercial de Asunción
- Sindulfo Ruiz Pavetti v. Maria Esther Recalde de Aliendre y Policarpo Ramón Aliendre
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)
SALES CONTRACT - GROSS DISPARITY – CLAIMANT MUST PROVE AN UNJUSTIFIED DISPROPORTION BETWEEN OBLIGATIONS OF PARTIES - REFERENCE TO ART. 3.2.7 UNIDROIT PRINCIPLES
GROSS DISPARITY - CLAIMANT MUST PROVE ITS LACK OF EXPERIENCE
CLAIMANT, a Paraguayan individual, filed a law suit claiming that the transaction through which he sold a plot of land to RESPONDENT, another Paraguayan individual, should be deemed as null. CLAIMANT argued that RESPONDENT paid a sale price which was negligible compared to the value of the plot of land and invoked gross disparity.
The Court of Appeals, by applying the new provision of the Paraguayan Civil Code, which has introduced the concept of "lesìon contractual", referred to Art. 3.2.7 of the UNIDROIT Principles and to Art. 4:109 PECL, in order to affirm that CLAIMANT failed to prove that there was an unjustified disproportion between the obligations of the parties. Furthermore, the Court considered that CLAIMANT was an experienced businessman and could not invoke his lack of experience at the time of the conclusion of the contract.
Hence, the Court of Appeals decided that there was no gross disparity or excessive advantage in the present case which justified the annulment requested by CLAIMANT and dismissed CLAIMANT’s appeal.