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- Title
El riesgo contractual en los Códigos civil y de comercio colombianos. Análisis dogmático de la normativa vigente.
- Authors
Gómez Vásquez, Carlos
- Abstract
As we have two general statutes of private law in Colombia: Civil Code and Commerce Code, solution to contractual risk problems should be based on a differential analysis of both normative regimes. First, civil dispositions are analyzed to conclude that Civil Code generally involves res perit debitori, except when dealing with obligations to provide or deliver one or several individuals; in such a case, ex art. 1607, res perit creditori is established. Then, mercantile dispositions are analyzed and it is established that Commerce Code accepts res perit debitori as a general criterion applicable to all kind of obligations, notwithstanding its objective or benefit (provide, deliver, make, not make). Finally, such regimes are compared to conclude that criterion prevailing in Colombian private law is the traditional res perit debitori, without affecting exceptional application of res perit creditori in article 1607, Civil Code.
- Subjects
COLOMBIA; CIVIL law; OBLIGATIONS (Law); CONSTITUTIONAL law; SOCIAL impact; JURISPRUDENCE; COMMERCE; PROMISE (Law); RISK management in business
- Publication
Opinión Jurídica, 2007, Vol 6, Issue 12, p105
- ISSN
1692-2530
- Publication type
Article