Sobre los orígenes de la doctrina de la frustración del fin del contrato: comentario al fallo Krell V. Henry

Abstract

The failure of consideration doctrine has not been peacefully accepted in the study of Contracts. The decision on Krell v. Henry case is, within the causalist doctrine, the first case where consideration was deemed an element of the contract. However, if we read thoroughly the judgment of the Court of Appeal of England and Wales (Civil Division) we will find that principles laid down therein may be more properly identified with neocausalist than with causalist doctrine. This work intends to analyze Krell v. Henry case and to make a critical review of the failure of consideration doctrine and its possible application in our legal system, taking into account the three theoretical approaches on this question: anticausalist, causalist and neocausalist.