Recently, a theoretical discourse that advocates a new reading of the general theory of contracts has taken hold. The theory maintains that in light of moral principles expressed through relatively precise "principles," judges may employ broad powers in moderating economic relations agreed upon by the parties. The article examines, from the perspective of comparative law, the French and the Colombian cases, examining the different applications of this trend in the two countries. The paper uses an eminently critical approach in seeking to reveal the practical implications behind the scholarly rhetoric.
|Translated title of the contribution||CONTRACTUAL SOLIDARISMO IN FRANCE AND THE CONSTITUCIONALIZATION OF CONTRACTS IN COLOMBIA|
|Journal||Revista chilena de derecho privado|
|State||Published - Jul 1 2011|