REQUISITOS DE VALIDEZ DEL CONTRATO EN EL DERECHO UNIFORME.

Abstract

This paper studies the requirements for contract validity under uniform law. «Uniform law» is taken to mean the legal rules contained in texts drafted with the idea of transcending the conceptual schemes of any one specific legislation through the comparative study of diverse legal solutions. Analysis of texts of uniform law reveals that the functions fulfilled by the requirements of contract validity under civil law and common law can be met just as well by different legal figures or options of legal policy. This functional analysis relativises the myth that there is a right answer and a wrong answer, and it questions certain dogmatic solutions by comparing them with alternative or equivalent solutions, this being the best way of forging ahead in the creation of a common legal science. Functional analysis moreover shows that some texts of uniform law studied in the paper are especially clear. Clarity is a virtue to which all laws ought to aspire, bearing in mind that the relationship between the parties to a contract have got to depend on clear, easily comprehensible rules, not complex subtle interpretations that could endanger the contract's continued existence.