It is a failure to prevent some disease, some damage due to risk factors calculated or not, foreign and fortuitous. It has been known since the Middle Ages from canonical rights, where it was ensured that there was equity in the parties affected by a contract governed by adequate conditions under the law of the empire. At present it is known as the theory of unforeseen, where the related parties agree with the remunerations calculated on the total value of a contract on a negotiation, defining the expenses in the execution and procedure, among the risks that arise, in other words, the unforeseen, taking into account the fair remuneration of profit and utility.
When making a contract, not all setbacks or circumstances of the same can be prevented, making it impossible to complete said agreement with satisfaction, becoming a sacrifice to be able to finish it, reaching overcoming the losses that the profits and causing an affectation on a of the parties involved, at this point a dissolution of the contract should be reconsidered saving the investment or part of it, making a new rethinking of it, changing the clauses and protecting investors; Since legally it is a right that can be exercised by any of the parties or by mutual agreement, the demand for the revocation and extinction of the obligations and reach a total release, without any responsibility for unforeseen and unpredictable changes that affect the conditions of the current contract and without responsibilities of both parties or in a case of only the affected party.
In order to carry out this theory of unpredictability, it must be shown that the causes are alien and unpredictable, affecting benefits, since it is an event alien to those involved, unleashing a total imbalance in the economy and in the general future of the business, causing a irreparable seriousness of damages to the debtor knowing that the profits of the same are not instantaneous but of a long-term amount, without reaching any agreement requesting an absolute dissolution of the effects of the contract and without renegotiating.
