Abstract

MONSALVE CABALLERO, Vladimir. Reliance Damages as a Delimiter in Pre-contractual Liability: a Pending Issue in the Case Law of the Civil Chamber of the Colombian Supreme Court. Prolegómenos [online]. 2020, vol.23, n.45, pp.103-122. ISSN 0121-182X.  https://doi.org/10.18359/prole.4208.

This article intends to prove that, in its latest rulings, the Civil Appeal Chamber of the Supreme Court of Justice not only openly contradicts its historical doctrine, foreign legislation, and supra-legal initiatives dealing with culpa in contrahendo and the limit of compensable damages, but also goes against the foremost modernizing movements of the law of obligations and contracts supported by countries of Latin legal tradition. From the case analysis and comparative law methods, the course taken should be clarified. Even though the Court has not been very homogeneous on the various assumptions of pre-contractual liability, it had never doubted the delimitation of reliance loss damages.

Keywords : culpa in contrahendo; pre-contractual liability; contract formation; reliance damages; expectation damages.

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