What is Bilaterality in Law?

The concept of bilaterality in the right it refers to the legal norms whose characteristics give rights and establish obligations at the same time, for two parties that intervene in the legal act. Within the scope of law we can talk about bilateral contracts, bilateral modifications, bilateral rights and bilateral obligations.

To fully understand bilateralism in law, it is first important to understand the"bilateral"concept. A bilateral element is one that affects two parts. In addition, it is one of the 6 characteristics of the legal norm, which are bilaterality, generality, imperativeness, coercibility, exteriority and heteronomy.

Definition

As mentioned before, bilaterality in the law refers to any rule that grants rights and implies obligations to the parties that participate in the legal act.

Within the law there are legal norms that are generally bilateral, since on the one hand they grant a right and on the other hand establish an obligation. Logically, both the faculty and the obligation belong to different subjects.

This characteristic of the legal norm, which is bilaterality, supposes the differentiating element between moral norm and legal norm. The reason is that the moral norm grants duties to a subject for himself; however, the legal norm establishes duties of a subject towards a different one. It is this bilaterality that determines the difference.

The object of the obligation is identical to that of the faculty. That is, if a person rents one floor to another, the content is the same either the landlord or the tenant.

Bilaterality as a characteristic of the legal norm

Bilateralism is one of the essential characteristics of the legal system in general and, in particular, of the legal norm, which is a reflection of the previous one.

The legal norm is the origin of rights and obligations, and not only acts on a person who is bound to a specific conduct, but also acts on a second that has the authorization to claim compliance with the provisions of the rule.

The truth is that bilaterality as a characteristic does not appear in the norms that regulate the behavior of men in other environments; for example, the moral norms that we commented previously.

Since bilaterality is a feature present in all legal norms, it can be used to examine any subject that is raised as a right.

There may be bilaterality in the subjects of the right contemplated in the norm or in the subjects of the obligation established by the norm. There may even be bilaterality in the rights protected by the legal norm.

Principle of bilaterality of the audience

In the legal environment the principle of bilaterality of the hearing means that, except in exceptional cases determined by the applicable law, any claim or claim made by one of the parties in the process must be transferred to the other party so that they can give their consent or expose their opposition.

This means that judicial decisions are not the result of a unilateral activity on the part of the court, but are produced as a result of a process between opposing parties. Hence, it is also called the principle of contradiction.

It is curious that the existence of this principle of bilaterality does not require the effectiveness of its exercise. That is, to be valid it is not necessary for both parties to act, but it is necessary that they have been informed and have had the possibility to intervene.

Bilaterality in contracts

Contracts are a fundamental part of law and business, both in the personal and professional spheres. Unilateral and bilateral contracts are part of the day to day, although you are not always aware of it.

What is a bilateral contract?

Normally, when thinking about contracts, bilateral contracts come to mind. In its most basic formula, a bilateral contract is an agreement between a minimum of two people or groups. Most commercial and personal contracts fall into this category of bilateral contracts.

There are examples of bilateral contracts in everyday life: when a purchase is made in an establishment, when eating in a restaurant or when buying a plane ticket. All these activities are bilateral contracts; they are contracts that go unnoticed due to their daily life.

What is a unilateral contract?

The easiest way to understand the unilateral commercial contract is by analyzing the word"unilateral". Unilateral means that it has or presents only one side.

Unilateral contracts imply an action undertaken by a single person or a single group. In contract law, unilateral contracts allow a person, unilaterally, to make a promise or an agreement.

Examples of unilateral contracts can be contemplated daily in our environment. One of the most common is a reward contract: when someone loses their pet and puts an ad in the newspaper or on the internet offering a reward to the person who returns their pet.

By offering the reward, a unilateral contract is being proposed. This unilateral contract promises to pay an established amount if someone fulfills the obligation to return the pet. There is only one person who has taken an action on this contract, since no one is specifically responsible or is obligated to return the pet.

Are bilateral contracts similar to unilateral ones?

Both contracts have several common aspects. For example, both can break or break. This means that breach of contract in unilateral and bilateral contracts can be defined as a broken contract, which arises from the breach of any term without a valid legal justification.

They also have in common that, in order to be enforceable in a court, the following circumstances must be met:

- The contract existed.

- The contract was broken.

- There was an economic loss.

- The person to whom it is claimed is responsible.

Difference between bilateral and unilateral contracts

The clearest difference between bilateral and unilateral contracts is the number of people or parties that commit themselves. Bilateral contracts need at least two people, while unilateral contracts only force one party.

Other differences may be a little more subtle. For example, in unilateral contracts, the one that offers something promises to pay when a certain act or task is finished; however, bilateral contracts allow for an initial exchange.

References

1. The law dictionary. What is bilateral?. Thelawdictionary.org
2. Rocket lawyer What is the difference between bilateral and unilateral contract?. Rocketlawyer.com
3. Right and reading. Characteristics of the legal norm. derechoylectura.wordpress.com
4. G. Loutayf Ranea (2011). Principle of bilaterality or contradiction. Law Magazine
5. Law topics. Characteristics of the legal norm. RightThemes.wordpress.com