Derecho - Palmira

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Fuentes de regulación mercantil respecto a los contratos comerciales atípicos en Colombia.
(Universidad Santiago de Cali, 2024) Victoria Escobar, Jorge Andrés; Maldonado, Juan Guillermo (Tutor)
In a globalized world, where the economy and markets move at a rapid pace, the legal framework that governs all types of commercial acts with complete legality falls short in classifying the types of contracts. Therefore, it is imperative to analyze the sources that regulate the "atypicality" of contracts. "Atypicality" (the lack of a specific classification in the Commercial Code) does not imply illegality or a lack of legal certainty, since these contracts are based on the parties' independent will and the constitutional mandate of economic freedom (Art. 333 of the Criminal Code), which modified the historical Roman view of formality. The main sources that regulate these atypical or unnamed transactions are, therefore, the Constitution, the general rules of obligations and contracts (provided the object is lawful), and private will. The objective of this analysis is to determine whether these sources are sufficient to generate full legal certainty for the parties.