Abstract

BERNAL FANDINO, Mariana. THE JURIDICAL NATURE OF CIVIL RESPONSIBILITY AS DERIVED FROM THE INOBSERVANCE OF COLLATERAL CONDUCT DUTIES. Vniversitas [online]. 2013, n.126, pp.39-64. ISSN 0041-9060.

In virtue of the integrative function of the general principle of good faith, there are duties that must be assumed by the parts, even if they have not committed to it expressly, such as the duties of disclosure, loyalty, confidentiality, coherence and collaboration, among others. The present paper intends to determine the juridical nature of civic responsibility derived from the failure to comply with such duties, bearing in mind the different positions presented by comparative law and by national doctrine and jurisprudence. The study takes into account the phases of the contact and the practical and conceptual difficulties present in each of them.

Keywords : Good faith; collateral conduct duties; culpa in contra-hendo; pre-contractual; contractual and extra-contractual responsibility; Duty; guilt (law); civil liability; contractual liability; good faith (Law); social behaviour.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )