CONSTITUTIONALIZING COMMERCIAL LAW: SOME OF THE PATHS DRAWN BY THE CONSTITUTIONAL COURT’S JUDGMENTS
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The constitutionalization of the private law and, specifically, the constitutionalization of the trade law, is a phenomenon that has been acquiring theoretical and practical importance if it considers that its concretion (i) promotes new forms of litigation, (ii) imposes the birth of risks whose evaluation can be necessary on the part of the economic agents,(iii) challenges some important convictions about the image that is have had of the structure and operation of the private law and (iv) demands a deep reflection that must to take in consideration the levels descriptive, analytical and normative of the private law dogmatic and, at the same time, of the constitutional law. This is an attempt of description of some manifestations of the constitucionalización process of the trade law in Colombia.
Constitucionalización del derecho mercantil, libertad contractual, deber de solidaridad, derecho comercialConstitutionalization of law, trade law, contract freedom, solidarity duty, commercial law