Universidad Externado de Colombia ::Examinando por Materia "Contratos conexos"

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Acceso abierto
Remedios frente al incumplimiento en los contratos vinculados
(Bogotá : Universidad Externado de Colombia, 2019., 2019) Granados Camacho, Miguel Andrés; Rodríguez Olmos, Javier Mauricio
The emergence of complex financial operations due to postmodernity and the postindustrial society affects the practice of law because of the need to provide Economics with legal answers reflecting reality, protecting the interests of the subjects involved and allowing the instrumentalization of increasingly complex operations. Therefore, the linked contracts arise as the suitable means to safeguard such relationships, since it is through the contract, construed together with other such contracts not as an independent document, that the provisions to protect the parties' interests are set. In that regard, the analysis of breach of contract ascribes special features that require attention, considering that in arder to determine a debtor in compliance with the purposes of honoring or repaying the money owed, besides abiding by the contract, it must correspond to the joint financial operation. Hence, the remedies or protection means available to creditors facing breach of contract must consider the teleological interpretatíon of related contracts and collect the figure's ratio to reach suitable and sufficient solutions that will allow its conservation, promote he success of the financial operation and meet the expectations of the direct and indirect creditors.