Aplicabilidad de la prestación irrisoria de los contratos mercantiles.

Abstract

The aim of this research task is to analyze if the court proceeding is effective with respect to the derisory benefit in commercial agreements. This legal figure, arises in the year 2019, as the affectation of commercial agreements, for being inequivalent or unbalanced of the compensation of the other counterparty, either in the totality of the agreement or in one of its clauses. There are three mechanisms to resolve the Derisory benefit: Nullity, Resolution and Adaptability agreement. Now, in view of the fact that an ordinary trial is very extensive and complex, it will be based on the fact that the arbitral procedure, which is a procedure that satisfies the economy, speed and neutrality, and which is extrajudicial, justify whether it would be an appropriate solution for the resolution of the dispute, bearing in mind that the person who decides the dispute is an impartial and specialized third party. Arbitration is a more effective alternative dispute resolution mechanism, because of its flexibility and dynamism, of which the jurisdictional courts still suffer it and more, when in the commercial field, the delay of the resolution affects the parties’ commercial activities and operations.