La invocabilidad de la acción de cumplimiento frente a los compromisos suscritos en el paro nacional Agrario de 2013: Un análisis desde la regulación de las semillas certificadas en Colombia

Translated title of the contribution: Invocability of the action of compliance against the commitments subscribed to end the Agrarian National strike of 2013: An analysis from the regulation of certified seeds in Colombia

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Abstract

The article analyzes the role of the compliance action after the scenario supposing the failure of the Government to comply with the regional agreements that led to the termination of the National Agrarian Strike in 2013 through which commitment to suspend police confiscation mechanisms and destruction of non-certified seeds, as well as to improve conditions to continue with the traditional practices of replanting, which have guaranteed peasants their food sovereignty for generations, was signed. The legal problem to be addressed is whether the non-compliance was generated in a context of legal uncertainty for the peasant communities in their condition of being administered and, in that sense, if defrauding of their legitimate expectations was present. It is proposed that, through legitimate trust and good faith as interpretive approaches, enforcement action would be invoked in this situation.

Translated title of the contributionInvocability of the action of compliance against the commitments subscribed to end the Agrarian National strike of 2013: An analysis from the regulation of certified seeds in Colombia
Original languageSpanish
Pages (from-to)28-45
Number of pages18
JournalJuridicas
Volume15
Issue number1
DOIs
StatePublished - 2018

All Science Journal Classification (ASJC) codes

  • Law

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