Abstract

OCHOA JIMENEZ, María Julia; ZAPATA FLOREZ, Jonathan  and  CARRILLO GAMBOA, Paola. The Choice of the Applicable Law in International Private Law in Colombia. Estud. Socio-Juríd [online]. 2019, vol.21, n.1, pp.91-120. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.6784.

Currently, in Colombia, as in other countries, it is increasingly common to find international private legal situations, that is, situations to which the rules of the international private law are applicable. This article presents the results of a qualitative research through which conflict-of-laws rules of the Colombian legal system were identified and evaluated, considering some forms of flexibilization present in codifications not directly applicable in Colombia. With a focus on the possibility for the parties to choose the law applicable to an international private legal situation, it was found that in Colombia conflict-of-laws rules do not adequately respond to what is required by realities emerging from facts and businesses, so it is encouraged to carry out reforms in order to offer more legal certainty.

Keywords : Colombia; international private law; conflict of laws; party autonomy; flexibility.

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