Preview Page
Chapter 3
Commercial Contracts
I. INTRODUCTION
In Colombia, as in most countries that have inherited Roman law, there
remains a theoretical distinction between civil and commercial contracts.
This distinction sometimes produces contradictions that become apparent in
connection with: risk of loss or impairment of the thing owed; hidden or
redhibitory vices; demand of material delivery for formalization/execution
of the contract; interest charges on installment sales; interest on interest
(anatocism); and others.
Notwithstanding the above, it is convenient to keep in mind the
following in order to learn about said distinction:
• A contract is in general a form of agreement that generates or
transfers rights and obligations.
• A mercantile contract is the meeting of two or more minds to create
or transfer rights and obligations of a mercantile nature.
• A right or obligation has a mercantile nature under several
circumstances: when one of the parties is a merchant; when the
purpose of the agreement is commercial or industrial; and, when the
subject matter of the contract bears a mercantile character.
Chapter 3
Commercial Contracts
I. INTRODUCTION
II. THE SALES CONTRACT
A. Definition—Characteristics
B. Obligations of the Parties
III. COMMERCIAL AGENCY
A. Definition—Characteristics
B. Obligations of the Parties
C. Termination
D. Indemnity
IV. LEASE CONTRACTS
A. Definition
B. Characteristics
C. Termination
D. Types of Leasing
E. Main Obligations and Rights of the Lessee
F. Other Types of Leasing
V. FACTORING
A. Definition
B. Types of Factoring
C. Advantages and Disadvantages
D. Securitization
VI. DISTRIBUTION
A. Definition
B. Characteristics
VII. CONSIGNMENT
A. Definition
VIII. SUPPLY
A. Definition
IX. FRANCHISE
A. Definition
B. Characteristics
X. DEPOSIT
XI. ACCOMMODATION
XII. BROKERAGE
XIII. PUBLISHING
XIV. COMMISSION
XV. TRUSTS
XVI. MANDATE
A. Principal
B. Agent
XVII. TRANSPORTATION CONTRACT
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
Contributors Include:
Natalia Tobón-Franco; lawyer from Universidad de los Andes (Bogota, Colombia); L.L.M. in Intellectual Property Law from Franklin Pierce Law Center (New Hampshire, U.S.A.); professor and author of several books and articles on Copyright Law, Freedom of Speech and Entertainment Law; associate at Cavelier Abogados.
Eduardo Varela-Pezzano; lawyer and specialist in Intellectual Property Law from Universidad del Rosario (Bogota, Colombia); L.L.M. candidate on Technology & Intellectual Property Law from the University of Liverpool (Liverpool, U.K.); Intellectual Property Law professor at Universidad del Rosario and author of several books and articles on Freedom of Speech, Patent, Trademark, Copyright and Entertainment Law; associate at Cavelier Abogados.
