The Modernization of Civil Law Institutions: Civil Liability, Property and Contract
Editorial: Editorial Universidad Católica de Colombia
Autor: Olenka Woolcott Olague, Diego Fernando Monje Mayorca, Ramón Antonio Peláez Hernández, Giovanni Comandé, Rómulo Morales Hervias
Año de edición: 2019
ISBN : 9789585456679
Descripción:
This work analyzes the treatment and contributions of Latin American law to specific problems that are the object of continuous discussion in the doctrine and jurisprudence.
To this end, the authors identify as principal issues of concerns: strict liability for hazardous activities in Colombian jurisprudence and in European tort law, the method of property transfer of merchandise in international trade, and contract withdrawal in European and American civil codes.
The choice of a comparative study approach is dlle to the innovative proposals in contract and tort law adopted in some of the most important harmonization documents of European lawthat have been published since the middle ofthe twentieth century, These serve as reference sources for Latin American academics who seek to project the reach and evolution of contract and liability law within the Roman-Germanic tradition, as related to the current needs of Latin American law.
Thus, some ofthe civil liability problems this research book examines related to property and contract reveal the breadth and detail oftheir treatment, in order to propose an enriching debate to visualize a general perspective of its morphology and treatment.
sku: 3012e4fbe03f911b804ed3e00d637423
This work analyzes the treatment and contributions of Latin American law to specific problems that are the object of continuous discussion in the doctrine and jurisprudence.
To this end, the authors identify as principal issues of concerns: strict liability for hazardous activities in Colombian jurisprudence and in European tort law, the method of property transfer of merchandise in international trade, and contract withdrawal in European and American civil codes.
The choice of a comparative study approach is dlle to the innovative proposals in contract and tort law adopted in some of the most important harmonization documents of European lawthat have been published since the middle ofthe twentieth century, These serve as reference sources for Latin American academics who seek to project the reach and evolution of contract and liability law within the Roman-Germanic tradition, as related to the current needs of Latin American law.
Thus, some ofthe civil liability problems this research book examines related to property and contract reveal the breadth and detail oftheir treatment, in order to propose an enriching debate to visualize a general perspective of its morphology and treatment.
CONTENIDO
Introduction
Chapter 1. Toward a Reconstrudion of Strict Liability Law through Colombia n Jurisprudence
Preliminary eonsiderations
The legislative formula of article 2356 ofthe Colombian Civil Code
and its jurisprudential interpretation
Characterization of hazardous aetivities and its effeets for the attribution
of liability in the jurisprudential interpretation of artiele 2356
ofthe Colombian Civil Code
Striet liability for risk through an examination ofColombianjurisprudence
Hazardous aetivities and striet liability for injury: the potential for injury
Hazardous aetivities and the use of presumptions
in Colombian jurisprudence
Final eonsiderations
Chapter 2. Presumptions in the Context of Civil Responsibility and their Application in Colombian
Jurisprudence
Preliminary eonsiderations
Civilliability derived from dangerous aetivities in Colombia
Foundation and definition
Evolution of liability derived from dangerous aetivities in Colombia
Presumptions and their treatment in the Colombian legal system
Legal nature
Classification of presumptions
Presumptions in the eontext of civil 1 iability
The presumption of liability
The presumption of fault
Strict liability
Evidentiary activity in the context of liability for dangerous activities
Effects ofthe presumption of article 2356 ofthe Civil Code
Altematives to proving liability for hazardous activities
in the General Procedure Code
Final considerations
Chapter 3. The method to transfer ownership of merchandise in international trade
Preface and panormna
The intemational trend
Closing refiections
Chapter 4. European law of civil liability
The paradigms of European law of civil liability
The Italian evolution offault-based and faultless liability in
European harmonization projects
The impact of the PETL and CFR in the Italian legal framework
Closing Refiections
Chapter 5. The right to withdrawal due to breach of contract in European
and South American civil codes
Preliminary considerations
Withdrawal from contract for breach
Withdrawal of contract in general
Conventional withdrawal
Legislative withdrawal
Toward witbdrawal within tbe framework ofthe general theory of contract
Concluding remarks
General conclusions
Bibliography
| Editorial | Editorial Universidad Católica de Colombia |
|---|---|
| Autor | Olenka Woolcott Olague : Diego Fernando Monje Mayorca : Ramón Antonio Peláez Hernández : Giovanni Comandé : Rómulo Morales Hervias |
| Año de Edición | 2019 |
| Número de Páginas | 140 |
| Idioma | Español |
| Peso (Libro) | 0.2400 kg |
Olenka Woolcott Olague, Diego Fernando Monje Mayorca, Ramón Antonio Peláez Hernández, Giovanni Comandé, Rómulo Morales Hervias
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