Abstract

HERRERA M, Jorge Iván. Recognition of Monetary Adjustment Due to Loss of Purchasing Power in the Restitution of Profits in Colombia. Commentary on a Turnaround in Judgment csj-sc2217 of 2021. Rev. Derecho Privado [online]. 2022, n.42, pp.405-418.  Epub Apr 06, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n42.16.

Reinterpreting the paragraph 2 of article 964 c. c., the Supreme Court of Justice in judgment SC2217-2021 admits the price-level restatements of the fruits to be restituted as a consequence of the declaration of nullity of a contract. In addition to departing from the opposite thesis sustained for more than thirty years, this decision has notorious repercussions on the amount of the judicial rulings when restitution of profits is required in matters of action for recovery of ownership, as well as in contractual nullity and in other hypotheses of failed contracts to which article 1746 c. c. applies.

Keywords : price-level restatements; nullity; restitutions; failed contracts; pecuniary obligations; fruits.

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