Elementos para el diseño de un trámite de amigable composición en la solución de controversias contractuales entre particulares

Among the alternative mechanisms for conflic solving, (A.M.C.S.) contemplated in the Colombian legislation, the figure of the friendly transaction, mentioned in the articles 131, 132 y 133 of the Law 446 of 1998, is established under substantial terms, but not under a procedimental perspective. This...

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Bibliographic Details
Main Author: Mojica Cortés, Felipe Pablo
Format: Article
Language:Spanish
Published: Fundación Universitaria Los Libertadores 2008
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=3293507
Source:Revista Via Iuris, ISSN 1909-5759, Nº. 4, 2008, pags. 49-62
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Summary: Among the alternative mechanisms for conflic solving, (A.M.C.S.) contemplated in the Colombian legislation, the figure of the friendly transaction, mentioned in the articles 131, 132 y 133 of the Law 446 of 1998, is established under substantial terms, but not under a procedimental perspective. This special way for the solving of controversies emerges with a purely contractual nature, meaning that the building up of this agreement goes through a path completely ruled by the private law dispositions, from a contractual conception having the structural elements of mandate as the starting poin, and being the attorney�s assignment the finding of the most appropriate solution to the conflict. The friendly transaction, can be observed as a tool that provides satisfactory solutions to the parts involved joined by a contractual link, and specially as a mean to solve the breach of obligations. In order to provide a reliable management of the conflict and the way how it must be transacted, a brief scheme is proposed and the stages that a contractual transaction must go through are observed, delineating the demands that the Constitutional Court has jurisprudentially settled when studying this figure.