Abstract

ACOSTA RODRIGUEZ, Joaquín  and  FERNANDEZ MUNOZ, Mónica Lucía. THE CONSTITUTIONALIZATION OF THE PROHIBITION OF CONTRACT RIGHTS ABUSE: A HISTORICAL APPROACH TO THE MORAL ROOTS OF THIS REGIME. Novum Jus [online]. 2021, vol.15, n.spe, pp.297-322.  Epub June 14, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.e.11.

In Colombia, the prohibition of abuse of rights has reached constitutional status. Thus, the legal operator’s duty to give useful effect to such provision has increased, in the contractual sphere as well. However, the notion of abuse is highly problematic, and it has been seen as a threat to legal security. Its use can be verified through growing amounts of jurisprudence in every area of the law, with contract law being no exception. Consequently, this imperative requires investigating each specific contractual abuse with the aim to highlight, inventory, and analyze all manifestations of abuse. For this purpose, based on previous doctrinal research in French contract law, the paper offers a historical approach to the theory of abuse of law, from the precedents of Roman law to the dawn of the modern Era, from understanding contractual abuse as conduct worthy of sanction to establishing the guiltiness of the contracting parties.

Keywords : abuse of law; abuse of contractual right; comparative contract law; history of contract law.

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