Initially, there are unilateral obligations, it´s means that the only one part (debtor) acts tosatisfy the interest of the...
As a major and immediate consequence of this action could be the negation by thedebtor to feel that he was betrayed by the...
Finally, the articles author summarizes his essay on the following classification ofunilateralism based on French law:-Is ...
Bibliografía   LECUYER, H. (2011). La modificación unilateral del contrato. (Spanish). Revista    De Derecho Privado (012...
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Unilateral modification of the contract

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Unilateral modification of the contract

  1. 1. Initially, there are unilateral obligations, it´s means that the only one part (debtor) acts tosatisfy the interest of the other one, in this case the creditor. They are less commonthan the traditional bilateral obligations, but also these contracts are backed by thevolition, the convention and good faith of the parts.The article comments about the French law, also known as the European or continentallaw, it explains his different perspectives on this topic.ContractsA contract is a link because there is a legal relationship, backed by the good faith in civilsubject, defined as loyalty expected by the debtor to obey fully with his or herobligations. In good theory, this part is waiting to be respected, however, next youllnotice that it is not always true, because for the author the contract is seen as an assetwith equity to defend.Modification of the obligationGhozi, determines that an obligation may be changed or modified in any of its parts orelements by the volition of the parts during the execution of the contract or while it is ineffect but never after completion.Unilateral modification of the contractThe author said the Unilateral contract is when there is only one free and one volitionbetween the parts.The contract is modified when the creditor affects the content of the original obligationfor his or her own benefit, while it is in progress.It is the opposite of bilateralism, plurality and conventionality. It results that it loses itsaspect of immutability.It happens when the contract has begun and no longer meets the expectations of the"creditor". It is an act of prevention. 1
  2. 2. As a major and immediate consequence of this action could be the negation by thedebtor to feel that he was betrayed by the initial agreement.There are two ways to manifest this kind of modification to contract to satisfy theexpectations of the creditor:1-Convention modification: When a part takes the initiative and goes to another waitinghis or her acceptance.2-Imposed modification offer: It is also a modification request, but in this case thecontractor makes the decision for himself or herself and goes to another person orauthority.In this kind of application we can find two conditions:1 - Essential: It is an indirect pressure to acquire the consent of the debtor2-Non essential: This is imposed or forced and the debtor agrees fearing total contracttermination or resignation. This action extinguishes the link of the obligation. Among theprocesses to give effect to this offering are:1-Renegotiation clause: It allows a readjustment of the contract and gives the right todemand a discussion or negotiation characterized by good faith.2 - Judge: He represents the enforceable part and provides steps to resolve the conflict.However, this action requires the mutual consent of the parts, but he just can modify thecontract with the authorization of them. By default, this representative attend onlyserves to know who took the initiative, because the goal is not to ignore or kill theopponents arguments.3-Non judicial Authority: The Debt Commission seeks an agreement between the partsand creates a conventional financial plan to support the injured part. 2
  3. 3. Finally, the articles author summarizes his essay on the following classification ofunilateralism based on French law:-Is false: There is not a complete unilateral contract, although there is an initiative, adecision, a convention and a judge or authority.-Is imperfect: There is not a perfect unilateralism, because good faith is not enough toimpose to another part for the modification required in the contract.-Perfect and True Unilateral Contract: Unlike the above, if the debtor gets to pay hisobligation but using another acts of good faith and not exactly using the clauses of thenew contract. 3
  4. 4. Bibliografía LECUYER, H. (2011). La modificación unilateral del contrato. (Spanish). Revista De Derecho Privado (0123-4366), (21), 257-272. 4

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