bachelorThesis
Amigable composición: un contrato de mandato con doble representación
Autor
Osorio Tibocha, María Ximena
Institución
Resumen
The object of the present essay is the amicable composition as an institution that acquired autonomy in Colombian legal system, because since its origin and various foreign legislation have been matched it with arbitration in equity or ex aequo et bono. Because of it, I differentiate this mechanism from arbitration and conciliation, considering its contractual nature, non-jurisdictional and the impossibility to catalog it as selfcompositive or hetero-compositive mechanism, because it shares characteristics of both. In addition, I showed its mandate character, because after the general exposition of this agreement, I compared it with amicable composition and the result was that they share its essential element, which is to do a legal business on behalf of another. However, this mandate is special because of the application of various regimes and the double representation that emerges from it, understood as the duty of the mandatary of protecting opposing interests in the settlement agreement entrusted in virtue of the mandate.