El principio de no presunción de la solidaridad de deudores: del Code Napoleón a los principios del soft law.
This article analyses the legal principle that solidary liability cannot be presumed. It is argued that this principle has been evolving towards an opposite criteria, that is the presumption of solidarity. This phenomenon is mainly observed at an international level, as it suits the needs of a...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537583 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 12, Nº. 2, 2015, pags. 103-116 |
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| Summary: |
This article analyses the legal principle that solidary
liability cannot be presumed. It is argued that this
principle has been evolving towards an opposite
criteria, that is the presumption of solidarity. This
phenomenon is mainly observed at an international
level, as it suits the needs of a global economy. The study
begins by examining the evolution of that principle in
the 19th century, focusing on those European Civil
Codes which have set the standards in this subject.
The second part reviews the major attempts to mitigate
or even eliminate the aforementioned principle from
some legal systems during the 20th century. In third
place the rules of modern Soft Law from the 21st
century are examined which enshrine the opposite
principle of presumption of solidarity. Finally, it is
concluded that the presumption of non-solidarity,
which is still a dominant principle in Latin American
legal systems, must be reconsidered, when the time
comes to harmonize contract law in Latinamerica. |
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