La Oportunidad de Saneamiento del Incumplimiento del Vendedor en el Régimen de Vicios Materiales: Algunas Reflexiones a Partir del Derecho Alemán de la Compraventa (The Buyer's Right to Cure: Some Thoughts from the German Sales Law)
Revista de Derecho Privado, No. 17, pp. 107-140, 2009
34 Pages Posted: 3 Jul 2011
Date Written: March 1, 2009
Abstract
From the analysis of the new German Sales Law and other models of Comparative Law such as the CISG, this paper intends to show that the regulation of the warranty against hidden defects of the Colombian Sales Law reveals some deficiencies, due in part to its historical origin, strong influenced by Roman Law. The different socio-economical context in which those remedies were developed in Roman Law runs counter to modern mass production society, urging for new remedies in order to deal with this new reality. It is precisely in the models available in the Comparative Law where some answers can be found.
Note: Downloadable document is in Spanish.
Keywords: Sales Law, hidden defects, Buyer's right to cure, German Sales Law, Comparative Law
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