WHAT IS BILATERALITY IN LAW? - ARTE - 2025

The concept of bilaterality in law refers to legal norms whose characteristics give rights and establish obligations at the same time, for two parties involved 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 bilaterality in law, it is first important to understand the concept of "bilateral." A bilateral element is one that affects two parties. In addition, it is one of the 6 characteristics of the legal norm, which are bilaterality, generality, imperativity, coercibility, exteriority and heteronomousness.

Definition

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

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

This characteristic of the legal norm, which is bilaterality, is the differentiating element between moral norm and legal norm. The reason is that the moral norm gives duties to a subject for himself; However, the legal norm establishes duties of one 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 one person rents an apartment to another, the content is the same whether it is the landlord or the tenant.

Bilateralism as a characteristic of the legal norm

Bilaterality 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 obliged to carry out a specific conduct, but also acts on a second person who has the authorization to demand compliance with the provisions of the norm.

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 standards that we discussed earlier.

Since bilaterality is a feature present in all legal norms, it can be used to examine any matter 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 hearing

In the legal environment, the principle of bilateral hearing means that, except in exceptional occasions determined by the applicable law, any demand or claim made by one of the parties in the process must be transferred to the opposing party so that they can give their consent. or state your opposition.

This means that court decisions are not the result of unilateral activity by the court, but are produced as a consequence 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, for it 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 opportunity to intervene.

Bilaterality in contracts

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

What is a bilateral contract?

Normally, when thinking of 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 making a purchase 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 business contract is by analyzing the word "unilateral." Unilateral means that it has or has only one side.

Unilateral contracts involve an action taken 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 seen daily in our environment. One of the most common is a reward contract: when someone loses their pet and places an ad in the newspaper or on the internet offering a reward to the person who returns their pet.

By offering the reward, you are considering a one-sided contract. This unilateral contract promises to pay a set amount if someone fulfills the obligation to return the pet. There is only one person who has taken an action in this contract, as no one is specifically responsible or obliged to return the pet.

Are bilateral contracts similar to unilateral ones?

Both contracts have several aspects in common. For example, both can be broken or breached. This means that the 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, to be enforceable in court, the following circumstances must be met:

- The contract existed.

- The contract was broken.

- An economic loss was suffered.

- 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. Bilateral contracts require at least two people, while unilateral contracts only oblige one party.

Other differences may be a bit more subtle. For example, in unilateral contracts, the one who offers something promises to pay when a certain act or task is completed; however, bilateral contracts allow 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. Law and reading. Characteristics of the legal norm. Derechoylectura.wordpress.com
4. G. Loutayf Ranea (2011). Principle of bilaterality or contradiction. Magazine the Law.
5. Law issues. Characteristics of the legal norm. Temasdederecho.wordpress.com