La relatividad de los contratos: Alcance en la obligación de garantía del comerciante en Colombia. Período: 2011-2018

Abstract

The purpose of this monograph is to propose the scope of the legal guarantee established in the Colombian consumer statute, in relation to third parties or final recipients of products, which were acquired by a sale made by the initial consumer. The methodology used is research in law, with sources of documentary type, based on the deductive method, starting from the general conception of consumer, consumption relationship and legal guarantee, to apply to the particular case raised. As a development of the same, the main relevance of determining the concept of consumption and consumer relationship was noted, which is the only one that makes it possible to extend the quality of the consumer to a third party, who initially is oblivious to the contractual relationship according to the principle of relativity of the contracts, the previous proposing the indirect theory derived by means of which a consumer can be any person who uses the product within the term of validity of the legal guarantee, for which the manufacturer will not only have to answer for the defective products , but also for defects in quality and suitability in front of third parties, qualifying the principle in question.