Abstract

TOLOSA VILLABONA, LUIS ARMANDO. On the Principles of the Law of Obligations and the Contemporary Contractual Law. Estud. Socio-Juríd [online]. 2017, vol.19, n.2, pp.13-61. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.5701.

This paper analyses some hermeneutic principles whose normative scope defines the rational exercise of mandatory relationships and, as a consequence, contractual and extracontractual relationships. This analysis is built from a constitutional view of private law, which emphasizes in postulates of the Constitutional and Social Law State and the advancement of International Law on regulation of economic and commercial transactions. In a context of rational use of natural resources, those principles constitute the legal framework to ensure balance and equity in economic relationships, by preventing excesses of strong economic groups -or those contractual subjects in a dominant position- and favoring the protection of consumer rights along the business cycle.

Keywords : Rule of Law; economic and environmental constitution; Civil Law; social solidarity; contractual balance; consumer rights; Tort Law; good faith; self-acts theory.

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