EL SOLIDARISMO CONTRACTUAL EN FRANCIA Y LA CONSTITUCIONALIZACIÓN DE LOS CONTRATOS EN COLOMBIA

Abstract

Recently, a theoretical discourse that advocates a new reading of the general theory of contracts has taken hold. The theory maintains that in light of moral principles expressed through relatively precise principles, judges may employ broad powers in moderating economic relations agreed upon by the parties. The article examines, from the perspective of comparative law, the French and the Colombian cases, examining the different applications of this trend in the two countries. The paper uses an eminently critical approach in seeking to reveal the practical implications behind the scholarly rhetoric.