Abstract

WILCHES DURAN, Rafael E. Juridical protection of the environment in commercial contracts. Practical study of the colombian case. Rev. Derecho [online]. 2015, n.43, pp.237-268. ISSN 0121-8697.  https://doi.org/10.14482/dere.43.7478.

This article makes a practical study of the juridical protection of the environment in commercial contracts in Colombia, analyzing the situation of green contracting of corporations under the scope of precautionary principle. After observing the few and isolated examples of the subject in Colombia, and how the law must embody the issue in its discourse, the main conclusion is that the protection of the environment and the commercial contracts correspond, not only in a theoretical approach but also in a practical one, to different discourses. The relation of these discourses can be studied using a tool like the collision of discourses that is offered by reflexive law theory.

Keywords : juridical protection of the environment; commercial contracts; green procurement; precautionary principle; collision of discourses; reflexive law.

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