Abstract

REYES GARCES, HENRY MAURICIO  and  RODRIGUEZ BURBANO, AURA YOLIMA. In Favor of the Concept of Reasonable Person: Analysis Based on the Innominate Contract of Logistics Services. Rev. Derecho Privado [online]. 2021, n.41, pp.81-105.  Epub Aug 21, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n41.04.

The atypical logistics services contract contains complex services designed according to commercial traffic. However, when interpretative conflicts arise, the judges resort to criteria external to the initial economic equation. This can lead to unintended consequences. This investigation investigated the limits of Kantian philosophy to solve the problem. It is concluded that equality may be a non-utilitarian basis for interpretation, but it continues to resort to more than just the will. Finally, the concept of reasonable person is proposed, since it respects the commercial logic of the business and at the same time is a hermeneutical method that is effective.

Keywords : liability; contractual voids; reasonable person; Kant's philosophy.

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