LA TRANSACCIÓN Y EL ARBITRAJE: CONTRATOS PARA EVITAR O PONER TÉRMINO A CONFLICTOS YA INICIADOS.

Abstract

This paper analyses two types of contracts that may be placed within the framework of what Castán terms «contracts intended to eliminate a point of legal uncertainty». Such contracts are characterised by their objective, which is to quash and settle a controversy that has arisen or will arise between the parties as a consequence of a certain legal relationship existing between them. First, the transaction is analysed. The concept of the transaction, the legal nature of the transaction, the classes of transactions and the creation and effects of transactions are discussed. Second, arbitration (a procedure whose role and importance have now been revitalised) is studied. The concept, nature, laws and effects of arbitration and the criteria case-law has established concerning arbitration are analysed.