La resolución por incumplimiento de la transacción

Abstract

Settlement is a contractual type which has been quite neglected by law commentators for the last decades. Therefore, the present work is based on the analysis of case law, comparative and historical law doctrine. The lack of an accurate theoretical study on the subject contrasts with the current practical importance of settlement. This one appears as a real alternative to judicial proceeding facing the trouble of collapse in courts. As the title of the work suggests, its connecting theme rests on whether a settlement contract is rescindable or not in case of default. Provided one of the parties fails to comply with commitments derived from settlement, one wonders whether the other contractual party is entitled to regard settlement as it had never existed before, or this latter would still be binding with the same strength of a judgement or an arbitration award. This question is discussed and overcome throughout the thesis.