LA CLÁUSULA DE CONTRATO COMPLETO O CLÁUSULA DE INTEGRIDAD EN EL DERECHO CONTRACTUAL CHILENO

This paper deals with the entire agreement clause in the Chilean law of contracts. It argues that the entire agreement clause has the function of promoting legal certainty, by precisely defining the terms and conditions of the contract based on the intention of the parties. The legal effect of the clause is to limit the declarations, promises and binding agreements to what is stated in the text of the signed contractual document, depriving all preliminary and contemporary communications to the signing of the contractual document of legal effect to integrate the terms and conditions of the contract. It further argues that the entire agreement clause has no impact on the criteria for contractual interpretation, on the implications of an implied term, on liability for misrepresentation, and on future variations or modifications of the contract. Lastly, it is argued that the clause is generally valid in the Chilean law of contracts, except in consumer law.