1. Initially, there are unilateral obligations, it´s means that the only one part (debtor) acts to
satisfy the interest of the other one, in this case the creditor. They are less common
than the traditional bilateral obligations, but also these contracts are backed by the
volition, the convention and good faith of the parts.
The article comments about the French law, also known as the European or continental
law, it explains his different perspectives on this topic.
Contracts
A contract is a link because there is a legal relationship, backed by the good faith in civil
subject, defined as loyalty expected by the debtor to obey fully with his or her
obligations. In good theory, this part is waiting to be respected, however, next you'll
notice that it is not always true, because for the author the contract is seen as an asset
with equity to defend.
Modification of the obligation
Ghozi, determines that an obligation may be changed or modified in any of its parts or
elements by the volition of the parts during the execution of the contract or while it is in
effect but never after completion.
Unilateral modification of the contract
The author said the Unilateral contract is when there is only one free and one volition
between the parts.
The contract is modified when the creditor affects the content of the original obligation
for his or her own benefit, while it is in progress.
It is the opposite of bilateralism, plurality and conventionality. It results that it loses its
aspect of immutability.
It happens when the contract has begun and no longer meets the expectations of the
"creditor". It is an act of prevention.
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2. As a major and immediate consequence of this action could be the negation by the
debtor to feel that he was betrayed by the initial agreement.
There are two ways to manifest this kind of modification to contract to satisfy the
expectations of the creditor:
1-Convention modification: When a part takes the initiative and goes to another waiting
his or her acceptance.
2-Imposed modification offer: It is also a modification request, but in this case the
contractor makes the decision for himself or herself and goes to another person or
authority.
In this kind of application we can find two conditions:
1 - Essential: It is an indirect pressure to acquire the consent of the debtor
2-Non essential: This is imposed or forced and the debtor agrees fearing total contract
termination or resignation. This action extinguishes the link of the obligation. Among the
processes to give effect to this offering are:
1-Renegotiation clause: It allows a readjustment of the contract and gives the right to
demand 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 the
contract with the authorization of them. By default, this representative attend only
serves to know who took the initiative, because the goal is not to ignore or kill the
opponent's arguments.
3-Non judicial Authority: The Debt Commission seeks an agreement between the parts
and creates a conventional financial plan to support the injured part.
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3. Finally, the article's author summarizes his essay on the following classification of
unilateralism based on French law:
-Is false: There is not a complete unilateral contract, although there is an initiative, a
decision, a convention and a judge or authority.
-Is imperfect: There is not a perfect unilateralism, because good faith is not enough to
impose to another part for the modification required in the contract.
-Perfect and True Unilateral Contract: Unlike the above, if the debtor gets to pay his
obligation but using another acts of good faith and not exactly using the clauses of the
new contract.
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4. Bibliografía
 LECUYER, H. (2011). La modificación unilateral del contrato. (Spanish). Revista
De Derecho Privado (0123-4366), (21), 257-272.
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