The observable defects and the proper functioning guarantee in trading
This paper discusses two legal mechanisms for buyer´s protection contained in the Colombian Commercial Code, parallel to building regulations, because of hidden defects in the sale, which are: guarantee by observable defects at delivery and guarantee for proper functioning. The author analyzes the p...
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| Format: | Article |
| Language: | Spanish |
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Universidad Sergio Arboleda
2014-12-01
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| Series: | Civilizar |
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| Online Access: | http://revistas.usergioarboleda.edu.co/index.php/ccsh/article/view/180/164 |
| Summary: | This paper discusses two legal mechanisms for buyer´s protection contained in the Colombian Commercial Code, parallel to building regulations, because of hidden defects in the sale, which are: guarantee by observable defects at delivery and guarantee for proper functioning. The author analyzes the poor way such actions are enshrined in the Code as a consequence of a fragmented and dispersed regime for defective compliance actions in the laws of Private Law. This paper proposes a reinterpretation of such actions from the perspective of the lack of conformity that is based on a unified system of remedies for breach, concepts embodied in modern instruments of contract law. |
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| ISSN: | 1657-8953 1657-8953 |