El valor de la jurisprudencia en el derecho mercantil colombiano.
The Commercial Code establishes in its first nine articles which are the sources of Colombian commercial law. However, the coming into force of the Political Constitution of 1991, and the pronouncement of the Constitutional Court, have brought about direct modifications to the legal system guid...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537615 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 14, Nº. 2, 2017, pags. 141-161 |
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| Summary: |
The Commercial Code establishes in its first nine articles
which are the sources of Colombian commercial
law. However, the coming into force of the Political
Constitution of 1991, and the pronouncement of
the Constitutional Court, have brought about direct
modifications to the legal system guiding commercial
law, opening the way to constitutionalizing and
to the application of the judicial precedent theory.
The purpose of this article is to determine clearly the
true position of jurisprudence in the scale of sources
of the commercial law in Colombia, and to specify its
location as a main and an auxiliary source, following
the criteria established by the Constitutional Court for
this purpose. |
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