Examinando por Materia "Contrato"

Mostrando 1 - 4 de 4
  • No hay miniatura disponible
    Publicación
    Contratos de colaboración empresarial para la ejecución de proyectos en Colombia
    (Universidad EAFIT, 2025) Arroyave Montoya, Jhonatan Darío; Henao Arango, María Cecilia
    Business collaboration contracts have different legal regimes, some of which are regulated by Colombian legislation, which are called typical contracts, and others are regulated by Decrees or agreements or are perfected by the simple fact of having the signature of the parties interested in making the contract, which are called atypical. Collaboration between organizations, whether public or private, has a wide range of options to choose the type of contract that best suits them, according to the project to be executed and each of these has the possibility of adapting to the circumstances or needs of the parties. The Commercial Code presents a different vision of the legal business, than the Civil Code, in terms of the criteria and classification of the legal act, which has led the commercial legislator to adopt theories or propose to improve or update some of the rules and laws that exist in the area. Business collaboration contracts are used to develop specific and temporary activities or tasks, which do not have the intention of becoming a permanent commercial partnership, but rather seek to execute large-scale projects, for which it is necessary to minimize risks, in addition to the advantages that come with aspects such as sharing knowledge, technology, assets, tools, machinery and services, among others, with those who meet the proposed objective, which is to complete the work for which they formed the alliance. The case study analyzes an infrastructure project, with the Public-Private Partnership contract, PP.P, which is a model of linking private capital to execute public structures, taking into account the need of the State to offer goods and services for the benefit of the community. The PP.P contract was regulated in the Colombian legal system, under Law 1508 of 2012, in which it is configured as a type of contractual relationship for large-scale works that are executed between the state and private companies. As public initiatives, the formulating entity is responsible for clearly and in detail defining the essential elements for an investment project, such as the community's interest in the project, the needs of the population impacted by the project, the strategies to satisfy them, the objectives and goals. All of this is done in an accurate assessment of the economic, environmental and social benefits that it generates, both for the community and for the state. For these reasons, the state entity must make an adequate analysis of technical alternatives and transactional schemes, in order to achieve the proposed objectives, taking into account everything that involves the affected population and not only the advantages and benefits that the project brings to the nation. This stage is developed with the participation of community representatives, professionals in different disciplines for the awareness stage, their governors, experts with experience in similar projects, companies and entities that are part of the APP and other entities that can make contributions in this phase, since any detailed study or additional information will always help each of these activities to be as truthful as possible, as a way to reduce the risks so that the tasks that have to be executed in the next one are more accurate, that is, so that there are no traumas or unforeseen events that affect the continuity and progress of the project. The APP La Dorada - Chiriguaná project has been executed in compliance with the structuring stages and advancing in the selection process of the successful bidder, so it is essential to ensure transparency and efficiency in the selection stage and the subsequent awarding of the contract to guarantee the success of the project in its implementation phase. It has been necessary to make changes to the schedule due to the high complexity of the project structure, which has been an opportunity for private parties interested in participating to make observations on the specifications that have been incorporated with clear rules for participants in each of the stages of the process.
  • No hay miniatura disponible
    Ítem
    El efecto práctico de la coligación negocial en el concepto de parte procesal y los litisconsorcios
    (Universidad EAFIT, 2019) Toro Pérez, Alejandro; Zapata Rincón, Sebastián; Prieto Quintero, Eugenio David; 71726061
  • No hay miniatura disponible
    Ítem
    Panorama general sobre la maternidad subrogada y análisis de la propuesta de penalizarla
    (Universidad EAFIT, 2020) Ardila Arciniegas, María Camila; Bustamante Rúa, Susana; Álvarez Álvarez, Juan Carlos
  • No hay miniatura disponible
    Ítem
    El régimen del error como vicio de la voluntad en la legislación civil colombiana : algunas problemáticas y propuestas de solución
    (Universidad EAFIT, 2021) Correa Mejía, María Camila; Gaviria Gómez, Juan Carlos
    This paper presents four of the main problems of the mistake regime in the Colombian legal system: the mistake in the determining motive (i); the mistake of law (ii); the inexcusable mistake (attributable) to the claimant (iii); the substantive mistake (iv). For each of these problems a dogmatic solution is proposed and the corresponding reform that could be made to the Civil Code regime (arts. 1509 et seq.). Regarding the determining motive, it is not expressly envisaged and there is a lack of clarity in its assumptions. It is proposed to specify its regime and assumptions, and to establish it as the genre that encompasses the other types of mistakes. In respect of the mistake of law, it is found that the current regulation (which considers it irrelevant) is not consistent with the legal reality of the country or with subsequent developments (nationally and internationally) on the subject. It is proposed to unify its regime with that of mistake of fact, with certain exceptions (e.g., excusability). With regard to the excusability of mistake, it is not expressly contemplated in the civil legislation despite its importance (but it is intuited from dispersed norms or legal principles of private law, without greater clarity). It is proposed to express the requirement for the generality of mistakes, and to take an additional step in the sense of contemplating the cases in which the "risk of mistake" is assumed. Finally, in relation to the substantive mistake, Art. 1510 of the Civil Code is criticized by several doctrinaires because it would turn its back on the general theory of the legal transaction, according to which there would be lack of consent and, therefore, non-existence. A regulation is proposed which, in order to solve this problem, would resort to the theory of the formation of consent, which would make it possible to differentiate the cases of substantive mistake in which there is a counter-offer (and therefore non-existence) from the cases in which there was a contract vitiated by relative nullity due to a mistake on the part of the addressee in the interpretation of the offer.