Línea jurisprudencial sobre las limitaciones a la libertad contractual a la luz del derecho constitucional a la vivienda digna
The purpose of this essay is to present the tensions between contractual freedom, as one of the manifestations of private autonomy, and the constitutional right to a decent house through the analysis of the jurisprudence of the Constitutional Court of Colombia, to establish the controlling rules on...
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Format: | Article |
Language: | Spanish |
Published: |
2019
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7013343 |
Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 36 (Enero-Junio), 2019, pags. 283-300 |
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Summary: |
The purpose of this essay is to present the tensions between contractual freedom, as one of the manifestations of private autonomy, and the constitutional right to a decent house through the analysis of the jurisprudence of the Constitutional Court of Colombia, to establish the controlling rules on contractual law and obligations when there is the presence of legal business to finance a long-term house. For this, it is related to a necessary context for the formulation of the jurisprudential line; then, is presented the review of the analyzed sentences; ending with the presentation of the line and the existing rules about this aspect, which are mandatory of all the legal operators, at the moment of forming and executing legal relationships about a house loan. |
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