The contractual synallagma in the peruvian civil codification and creditor protection through contract termination remedy in light of the new doctrinal notion of objective breach

Abstract

This article examines the evolution of the contractual synallagma from its origins in classical law to its current configuration in the Peruvian Civil Code, highlighting the implications of the transition from a subjective model of breach toward an objective and unitary conception of contractual non-performance. It analyzes the distinction between genetic synallagma and functional synallagma, and explores how the traditional system of contractual liability—focused on fault and performance—is gradually being replaced by a model centered on conformity of the contractual object and on remedies of Anglo-American origin. Special attention is given to the termination remedy and its redefined role as a mechanism for creditor protection, now understood not as a sanction but as a response to the frustration of the guaranteed interest, always prioritizing the preservation of the contract. The article concludes by advocating for a rethinking of Latin American contract law that harmonizes legal modernization with the Roman-Germanic tradition that underpins it.