This article deals with the theory of risk in the context of contractual obligations, particularly in synallagmatic contracts, where the parties have reciprocal obligations. In this regard, the author examines how the impossibility of fulfilling an obligation due to an act of God, force majeure or absence of fault affects the correlative obligation. To address this, three historical solutions are presented: res perit creditori, res perit debitori, and res perit domino, which links risk to ownership. However, she questions the myth that "res perit domino" is an immutable  principle and analyzes its application in various legal systems and in the civil codes of Brazil and Argentina. Additionally, the text criticizes the inconsistency of the historical method of interpretation and proposes a detailed analysis of the evolution of legislation, including the treatment of the theory of ris...

This article deals with the theory of risk in the context of contractual obligations, particularly in synallagmatic contracts, where the parties have reciprocal obligations. In this regard, the author examines how the impossibility of fulfilling an obligation due to an act of God, force majeure or absence of fault affects the correlative obligation. To address this, three historical solutions are presented: res perit creditori, res perit debitori, and res perit domino, which links risk to ownership. However, she questions the myth that "res perit domino" is an immutable  principle and analyzes its application in various legal systems and in the civil codes of Brazil and Argentina. Additionally, the text criticizes the inconsistency of the historical method of interpretation and proposes a detailed analysis of the evolution of legislation, including the treatment of the theory of ris...