La responsabilidad del franquiciador ante terceros clientes del franquiciado: un asunto frente al cual el derecho comercial está en mora

It is not a secret that commercial franchise in Colombia is currently an excellent research laboratory for all those who want to have a kaleidoscopic institution which analysis is feasible not only from a theoretical and ius privatum point of view, but also from a practical, constitutionalist, admin...

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Bibliographic Details
Main Author: Rojas Quiñones, Sergio Alberto
Format: Article
Language:Spanish
Published: Universidad de Medellín 2010
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=3294169
Source:Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 9, Nº. 17, 2010, pags. 145-165
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Summary: It is not a secret that commercial franchise in Colombia is currently an excellent research laboratory for all those who want to have a kaleidoscopic institution which analysis is feasible not only from a theoretical and ius privatum point of view, but also from a practical, constitutionalist, administrative, and in general, multifaceted point of view, in both praxis and academic law. This article tries to make a contribution to the methodological and dogmatic advances in relation to this topic, tackling an issue overlooked in most researches, that cannot be ignored in light of practical effects it may imply: franchiser�s liability resulting from the franchisee�s behavior. With the purpose of achieving a real and deep analysis of the topic, the article develops in detail some issues deemed as fundamental regarding this topic, which will provide an integral overview of how the franchiser can become affected by his/her co-contractual party�s performance, according to the Colombian legislation