La Fijación Unilateral Del Precio (Unilateral Price Fixing)

Revista de Derecho Privado No. 22, 2012

29 Pages Posted: 4 Jul 2012

Date Written: 2012

Abstract

This paper seeks to challenge the traditional solution offered against unilateral price fixing by a party, it is the effect of a non-existent contract or avoidable contract by absence of price. The problem, as will be shown, is not actually made by who determines the price (if one party or both), but to clarify the criteria under which to proceed to make that determination. Such criteria should follow the model of behavior from Roman law arbitrium boni viri, that requires a party behavior and judgment characteristics of a righteous man. Having thus proceeded, the contract is binding and the court may intervene in the event that there has been abuse in pricing. So while the old system solution is the voidance, the new solution should be the concept of abuse.

Note: Downloadable document is in Spanish.

Keywords: termination by notice, avoidance of contract, abuse of rights

Suggested Citation

Rengifo García, Ernesto, La Fijación Unilateral Del Precio (Unilateral Price Fixing) (2012). Revista de Derecho Privado No. 22, 2012, Available at SSRN: https://ssrn.com/abstract=2099638

Ernesto Rengifo García (Contact Author)

Universidad Externado de Colombia ( email )

Calle 12 # 1-17 este
Calle 12 0 83
Bogota D.C, Cundinamarca 3456
Colombia

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