La excesiva onerosidad sobrevenida en la contratación mercantil: una aproximación desde la perspectiva de la jurisdicción civil en Colombia
The validity of the pacta sunt servanda principle makes compulsory for the parties to a contract to fulfil their obligations according to what was originally agreed by them. However, given the significant - and sometimes sudden and unforeseeable - changes that could occur in the economy, the discuss...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4124150 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 23 (Julio-Diciembre), 2012, pags. 245-277 |
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| Summary: |
The validity of the pacta sunt servanda principle makes compulsory for the
parties to a contract to fulfil their obligations according to what was originally agreed
by them. However, given the significant - and sometimes sudden and unforeseeable -
changes that could occur in the economy, the discussion of whether the parties should
be absolutely tied by what they have initially agreed in a contract has increased in
recent years. Accordingly, it has been said that a judge could do revision of the contract
in case of �hardship�. The author purports to study the evolution and requirements of
said institution in Colombian civil and commercial case law, and also to analyse the
powers the local judge has to modify the contract in application of Art. 868 of the
Colombian Commercial Code |
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