Abstract

BERNAL-FANDINO, Mariana. PROACTIVE CONTRACTING WITHIN THE NEW VIEWS OF THE AGREEMENT. Vniversitas [online]. 2015, n.130, pp.21-52. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj130.cpdn.

This article is based on the research project Contemporary Debates on the Legal Business. The purpose of this text is to review some of the most relevant discussions on the contract and its functionality in our current society from different points of view such as the economic analysis of law, solidarism, relational contracts, and sustainable contracting, among others. We analyze the movement of proactive contracting in general terms and also in a particular case, as we study the communications regulation in Colombia as an expression of this proposal. We suggest that the application of proactive contracting changes the paradigm of traditional contracting as an answer to the proposed questions.

Keywords : proactive contracting; visualization and simplification of contracts; contractual dynamism; social function of contracts; sustainable contracting.

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