Keywords
obligations
How to Cite
Abstract
As to the unifying purpose of law applicable to juridical relations with patrimonial object, contained in different civil law codes and established by classic civil law theorists, a much more complex reality is being developed and consolidated gradually, characterized by a multiplicity of legal regimes applicable to certain particular mandatory relationships. This circumstance difficults the determination of the legal regime applicable to certain mandatory relations. The difficulty is greater in the cases in which legal norms are applicable at the same time to one same juridical relation, as the order or hierarchy of such norms need to be established. Criteria that allow to determine in those cases the applicable law are several ones. Some are related to the purpose of the obligation. Others are related to its subjects. Finally, others are related to the subjective motive of the legal deed or act. Notwithstanding this last subjective criterion is determinant in some very important cases, it has rarely being studied in a coherent fashion. Thus, we can observe that the cause-subjective criterion is a determinant one, particularly for the application of commercial, consumption, antitrust and cooperative norms. The scope of the main provisions of these rights containing the criterion of the subjective cause as determinant of the application of those rights to determined legal relations are explored in this article.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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