Compensation for Latent Defects According to the Chilean and Colombian Civil Codes
This article analyzes the extent of compensation in case of latent defectsaccording to the Civil Code in Chile and Colombia. It also seeks to demonstrate the independence of such compensatory action, which does not arise by the sole presence of the vices nor for the breach of an obligation of qualit...
| Autor Principal: | Oviedo Albán, Jorge; Universidad de La Sabana |
|---|---|
| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Pontificia Universidad Javeriana
2014
|
| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/11950 |
| Etiquetas: |
Agregar Etiqueta
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
| Sumario: |
This article analyzes the extent of compensation in case of latent defectsaccording to the Civil Code in Chile and Colombia. It also seeks to demonstrate the independence of such compensatory action, which does not arise by the sole presence of the vices nor for the breach of an obligation of quality, but for the breach of a specific duty of disclosureassumed by the seller who knew or should have know the vice. This leads to try to establish whether different scenarios can be identified for compensation based on the presence of hidden defects of the thing in the purchase agreement. This article is based on an analysis of the existing rules in the Chilean and Colombian Civil Codes, in the doctrine andexisting jurisprudence from both countries, as well as in some elements of comparative law that allow to critically identify the various solutions proposed in relation to this matter. |
|---|