Abstract

The article seeks to build a strict justification of the non-negotiated clauses that empower the supplier to unilaterally modify the terms of the consumer contract in Chilean law. After critically reviewing the state of the matter in the Chilean doctrine, it is proposed that the assumptions that enable a unilateral modification of the consumer contract should refer to events that are beyond the supplier’s sphere of control, which are of unlikely occurrence and that make specific performance impossible or excessively onerous for him. Subsequently, the approach to the matter carried out by Chilean jurisprudence is analyzed, examining by way of example especially that relating to contracts on financial products or services, in which a particularly protective tendency of the adherent's interest is noted.