SciELO - Scientific Electronic Library Online

 
vol.44 issue120Mandatory warranties in the scope of consumption law enforcement: a critical view from the new Consumer Statute in Colombia author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Journal

Article

Indicators

Related links

  • On index processCited by Google
  • Have no similar articlesSimilars in SciELO
  • On index processSimilars in Google

Share


Revista de la Facultad de Derecho y Ciencias Políticas

Print version ISSN 0120-3886

Abstract

LOPEZ, Luis Carlos Plata  and  MONSALVE CABALLERO, Vladimir. Contractual interpretation: a study from the point of view of Colombian jurisprudence and the entry into force of the new Consumer protection Statute (NEC) Act 1480 of 2011. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2014, vol.44, n.120, pp.17-46. ISSN 0120-3886.

This article shows that the general principles for engagement in the private law and its interpretation criteria were structured with the assumptions of economic and legal equality between the parties and the freedom of determination of the contract's content; however, mass production and goods and services consumption has led to a mutation of the contractual structures and has also created the need to appeal to massive forms of contracts that establish standard clauses for the contracting parties. The aim of this research is to formulate new interpretation patterns of these contracts, in order to reconstruct the economic and legal balance of the such contracts.

Keywords : Contractual interpretation; autonomy of the will; standard conditions; adherence contracts.

        · abstract in Spanish | French | Portuguese     · text in Spanish     · Spanish ( pdf )