Justicia o eficiencia en la asignación de los derechos de propiedad y las relaciones de intercambio: implicaciones negociales

Abstract

This book analyses the clashes that can arise between justice and efficiency in relation to the allocation of resources and their impact on the environment, due to the deficient allocation of property rights. It also seeks to review new transaction modalities arising from technological advances that, due to their novelty, may generate uncertainty in the processes and, with it, the undue correlation of such rights. Likewise, it is proposed that the lack of definition and uncertainty in the assignment of property rights and their environmental impact has not been solved at present, and although there are normative and jurisprudential advances with a view to solving the economic problem, the economic and social reality in Colombia is far from having achieved a sustainable generation of wealth or a favorable exchange context.