Sistema de contratación atípica ante el Tratado de Libre Comercio TLC con la República de Corea del Sur

Abstract

Primer Articulo The Free Trade Agreement between Colombia and South Korea presents a series of challenges from the contractual point of view, since the international contracts that the mentioned country handles are mainly those known in the Colombian legislation as atypical. This aspect warns that the knowledge for a technologically advanced nation occupies a main line; while at the national level, the exchange of goods is prioritized, especially those derived from agriculture and mining, which means that an effort must be made to deliver both theoretical and methodological reflections that allow understanding the scope, benefits and obligations of the new forms of contracting.

For the above, this article aims to show the status of the existing issue in relation to the implementation of a particular contract, which in this case has to do with the "know how", within the free trade agreement in question. For this purpose a documentary interpretative methodology of theoretical sources of international commercial law will be used, recognizing the strategic advantage of a contract of this nature, within the framework of a concrete theory, from which, ways of solving conflicts in the implementation of this institution.

Segundo Articulo The economic opening that Colombia has experienced since the entry into force of the 1991 Constitution has allowed the implementation of a series of free trade agreements with countries that historically have had trade links, as with those that have not. As a result of this international scenario, it is necessary to reflect on the challenges that exist, in terms of executing contracts that have not been sufficiently developed by domestic legislation, and the best way to deal with the new legal scenario, between national and international, the problems that are generated without having to have all the answers in the local legal order.

For this reason, the purpose of this article is to reflect, in the light of a specific legal theory, the role that is required in terms of the legal interpretation necessary to address the tensions that arise when executing contracts such as franchising. In this identification of types of contracts, as well as the theoretical framework from which they intend to study, it is proposed to make a documentary analysis about the theses that exist on their implementation from the national and international doctrine.