Abstract

OVIEDO ALBAN, Jorge. The observable defects and the proper functioning guarantee in trading. Civilizar [online]. 2014, vol.14, n.27, pp.65-84. ISSN 1657-8953.

This paper discusses two legal mechanisms for buyer's protection contained in the Colombian Commercial Code, parallel to building regulations, because of hidden defects in the sale, which are: guarantee by observable defects at delivery and guarantee for proper functioning. The author analyzes the poor way such actions are enshrined in the Code as a consequence of a fragmented and dispersed regime for defective compliance actions in the laws of Private Law. This paper proposes a reinterpretation of such actions from the perspective of the lack of conformity that is based on a unified system of remedies for breach, concepts embodied in modern instruments of contract law.

Keywords : Sale; nonconformity; observable defects; proper operation; guarantee.

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