Abstract

BOTERO CHICA, Luis Alfonso  and  GUEVARA FLOREZ, Lady Juliana. THE JUDICIAL PRECEDENT IN COLOMBIA FACED WITH THE THEORY EXPOSED BY MICHELE TARUFFO. Novum Jus [online]. 2022, vol.16, n.3, pp.133-160.  Epub Mar 01, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.3.6.

This article exposes the judicial precedent from the conception of treatise writer Michele Taruffo, seen from the legal systems of common law and civil law, studying in turn its dimensions. The development that the precedent has had in the Colombian legal system is addressed and contrasted with the reflections of the Italian jurist, to conclude that the precedent in Colombia has a degree of effectiveness that translates into what Taruffo has classified as binding, must-except. The research method was qualitative, descriptive with a historical approach.

Keywords : Common law; civil law; judicial precedent; decisum; ratio decidendi; obiter dicta.

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