Análisis sobre la unificación del ordenamiento jurídico colombiano respecto al contrato de compraventa civil y comercial

Abstract

The Colombian legal system has enshrined several legislative tools applicable to specific everyday situations, with the aim of regulating them in law. The sales contract is one of the most relevant instruments, given its wide use in multiple sectors of the economy in the country. The Civil Code and the Commercial Code independently lay down provisions relating to this contractual arrangement which, although prima facie they could be considered substantially different, bear considerable similarities. This has led to the consideration of the permanence of two independent statutes, putting into debate the feasibility of their unification. In the thesis set out below, it is carried out by means of a qualitative - explanatory research, first an analysis of the legal and jurisprudential framework of the civil and commercial sale, A review of the most important characteristics of civil and commercial sales is then carried out to determine the viability of their unification. Finally, it is concluded that unification represents a positive change for the country’s legal order and that, insofar as legal certainty is guaranteed, it contributes to the reduction of legislative dispersion, which in turn 6 implies an optimisation of the methods of interpretation and application of the law in relation to the sales contract.