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Vniversitas

Print version ISSN 0041-9060

Abstract

VIDAL OLIVARES, Álvaro  and  OVIEDO ALBAN, Jorge. PROTECTION FOR BUYERS AGAINST MATERIAL DEFECTS OF THE SOLD GOODS. FROM THE FRAGMENTATION TO A UNIFIED REGIME. Vniversitas [online]. 2018, n.136, pp.206-226. ISSN 0041-9060.  http://dx.doi.org/10.11144/javeriana.vj136.pcdm.

This work aims to introduce the buyer protection regime and make evident the fragmentation and different protection levels in connection with a range of circumstances liable to be legally deemed as a failure of the delivery obligation. Whatever the hypothesis may be for a delivery failure, the seller is not complying with the provisions in the contract. Nevertheless, the 19th-century lawmakers’ answers differ, which not only result in an unequal treatment but also in uncertainty for the buyer. Thus, the question is: Is there any model to overcome such fragmentation and the different protections for buyers? And the answer is ‘Yes’. The Vienna Convention or CISG [the UN Convention on Contracts for the International Sale of Goods], which is the model to build the new contract law, provides a unified system of remedies from a broad and all-encompassing concept of the contract non-compliance. Under the CISG model, the contractual relation is a warranty to execute the contract and so the seller will not breach any particular obligations but the whole contract. Based on this model a re-reading of the regulations in both the Chilean and Colombian civil codes is proposed. This re-reading has been welcomed, to some extent, in the Justice Court both in Chile and Colombia.

Keywords : purchase; breach of contract; non-conforming delivery; hidden defects.

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