CANCELLATION CLAUSE. DELIMITATION FROM OTHER CONTRACTUAL CLAUSES
CANCELLATION CLAUSE. DELIMITATION FROM OTHER CONTRACTUAL CLAUSES

Summary/Abstract: In accordance with the current regulatory tendencies , the Civil Code expressly stipulates the right of unilateral cancellation of the contract, which is covered by two articles. This conventional means of termination or, where appropriate, of rescission of a convention was recognized as a result of the principle of the freedom of contract, and under the auspices of the Civil Code of 1864, so that the novelty of the regulation does not lie in the recognition of the possibility of inserting a cancellation or unilateral termination clause, but in shaping a legal regime of unilateral termination, depending on the nature of the contract (with immediate enforcement or successive enforcement). This article aims to analyse the legal nature of the cancellation clause and its legal status. And, not at last, given the importance of regulation, we will consider the main differences and similarities between the cancellation clause and other contractual clauses.

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