CLÁUSULAS DE TERMINACIÓN UNILATERAL SIN EXPRESIÓN DE CAUSA. UN INTENTO DE CARACTERIZACIÓN DESDE EL DERECHO CIVIL

Abstract

The purpose of this article is to characterize the right of unilateral termination  ad nutum  or without cause given by the contract to the parties, from the point of view of the Chilean Civil Law. This is done by establishing their legal status and scope of action. The article studies the juridical nature of this clauses, the distinctions with other similar figures, the requirements necessary for their use, their effects and their annulment. This allows us to understand the right of unilateral termination without cause as a remedy of contractual origin that safeguards the future interest of the parties that do not wish to continue with the contract.