Contractual revision, health emergency and “covid – 19” from the point of view of argentine law

Abstract

The crisis produced by the COVID-19, brought with it the declaration of health emergency under which the different states imposed a social and preventive isolation -called "quarantine" or "confinement"- which had a major impact on the various human relations: economic, social, cultural and, of course, legal. Thus, with the present work, we try to describe in accordance with Argentine law the impact on contracts of the effects of the pandemic declared by the World Health Organization (WHO) on the occasion of COVID - 19 and its immediate consequence, that is, the aforementioned "quarantine" or "confinement", which appear as unprecedented extraordinary and unforeseeable events that altered the "bases" of the various legal transactions, causing a change in the circumstances existing at the time of their celebration; thereby creating the need to revise the contract through the various mechanisms provided for in the legal order, with the sole aim of restoring the original balance of benefits, preserving their continuity and avoiding them, if possible, their extinction.