CONTRATO DE OPCIÓN Y CIRCUNSTANCIAS SOBREVENIDAS: TENSIONES ENTRE EL PRINCIPIO DE ESTABILIDAD Y EQUIDAD CONTRACTUAL SEGÚN LA JURISPRUDENCIA DEL TRIBUNAL SUPREMO.

Abstract

In contemporary business dealings, options crop up in transactions of a variety of types and origins: options to buy, options to sell, options on loans, share options, lease options, mining options, options arranged in connection with the brokerage business (brokerage options) and financing options. They all go to illustrate just what a vital concept the option is. It has in fact become one of the best instruments there is in the field of real estate and stock market contracts. The profuseness of options explains the frequency with which the underlying conflicts of interests are taken to court. This article looks at a number of the controversial issues involving option agreements. The focus is on the consequences of ascribing options to what are known as «single-performance» contracts and the ensuing difficulty of applying means of cancellation, such as clausula rebus sic stantibus.