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Vniversitas

Print version ISSN 0041-9060

Abstract

OVIEDO-ALBAN, Jorge. COMPENSATION FOR LATENT DEFECTS ACCORDING TO THE CHILEAN AND COLOMBIAN CIVIL CODES. Vniversitas [online]. 2014, n.129, pp.239-276. ISSN 0041-9060.  http://dx.doi.org/10.11144/Javeriana.VJ129.ipvr.

This article analyzes the extent of compensation in case of latent defects according to the Civil Code in Chile and Colombia. It also seeks to demonstrate the independence of such compensatory action, which does not arise by the sole presence of the vices nor for the breach of an obligation of quality, but for the breach of a specific duty of disclosure assumed by the seller who knew or should have know the vice. This leads to try to establish whether different scenarios can be identified for compensation based on the presence of hidden defects of the thing in the purchase agreement. This article is based on an analysis of the existing rules in the Chilean and Colombian Civil Codes, in the doctrine and existing jurisprudence from both countries, as well as in some elements of comparative law that allow to critically identify the various solutions proposed in relation to this matter.

Keywords : latent defects; compensation for damages; contract of sale.

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