In the complex world of contractual relationships, it is essential to understand the various paths that can lead to the termination of a contract. One carefully la resolution, the rescission and rescission share the result end of putting an end to link contractual, each operates under assumptions and with effects different. Below, we will analyze each of these legal figures in detail.
Litigation, Arbitration Contractual
La resolution contractual is presented as a response to serious non-compliance with the obligations contractual by part of one of the contractors. It empowers the part compliant to request the termination of the contract and, if applicable, a compensation by damages suffered. The resolution is based on the principle de reciprocity, seeking to restore the contractual balance altered by the breach.
Causes of resolution:
- Non-compliance with obligations Main: When one of the parties fails to comply with the obligations essentials of contract.
- Supervening impossibility of the benefit: when the benefit becomes imposible for reasons beyond the control of will of the parts.
- Lost of the thing due: when the thing object of the contract is lost without guilt of the debtor.
- Specific causes agreed upon in the contract: the parties may agree specific causes of resolution at the contract.
Effects of the resolution:
- Termination of the contract to effects retroactive: el contract It is considered as if it had never existed.
- Restitution of the benefits: The parties must return what they have received under the contract.
- Compensation by damages: la part defaulting party must indemnify to the other part for the damage caused.
Rescission Contractual
La rescission contractual offers a by to finish a contract validly celebrated when there is an imbalance or damage economic for one of the parties. Unlike the resolution, the rescission It does not originate from non-compliance, but from the existence of a lesión or hurt heritage unjustified.
Causes of rescission:
- Injury: When one of the parties suffers a damage significant economic in the contract.
- Fraud de creditors: when contract It is celebrated with the intention to harm the creditors of one of the parties.
- Specific causes established by the law: There are other causes of rescission provided in the Code Civil law, such as the rescission by state de necesidad or by absence.
Effects of the rescission:
- Termination of the contract: el contract is declared ineffective.
- Restitution of the benefits: the parties must return what they have received.
- possibility of Recognition: In some cases, the part The injured party may validate the contract If the lesión.
Contractual Termination
Contractual termination is characterized by the termination of the contract awarded by the will of one or both parties. It is an agreement mutual or a decision unilateral to end the link contractual without breach or lesión.
Causes of resilience:
- Mutual agreement: The parties agree to común agreement to put an end to contract.
- Willingness unilateral: One of the parties decides to end the contract if the contract allows it, as in contracts of duration undetermined.
- Condition resolutory: the termination of the contract upon completion of one condition established therein.
Effects of resilience:
- Termination of the contract to effects towards the future: el contract It ends from the moment of rescission, without to affect the services already provided.
- No legal obligation de restitution: en principle, the parties must not return the benefits, except covenant on the contrary.
