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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Format: | Article |
Language: | Spanish |
Published: |
Fundación Universitaria Los Libertadores
2008
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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. |
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