期刊名称：International Law: Revista Colombiana de Derecho Internacional
印刷版ISSN：2011-1703
出版年度：2008
卷号：6
期号：13
语种：Spanish
出版社：International Law: Revista Colombiana de Derecho Internacional
摘要：This article is the result of the research project “Interpretation and Application of Private Law” that has been carried out by the Study Group on private law in Pontificia Universidad Javeriana. In this text we analyse the importance of reliance in contract law and how different legal systems have adopted rules to make the parties’ behaviour as coherent as possible. The particular interest of this analysis is the difficulty to conciliate the different approaches that tend to restrict the possibilities of contradiction in contract law. The reader will find a study of the parties’ duty of coherence as it has been called by recent French doctrine, the roman rule of the venire contra factum proprium and other similar expressions like the estoppel of the common law, the German verwirkung and finally the figures adopted in our Colombian system of law, like the actos propios and appearance theories and the protection of legitimate expectations. The frontiers among all the expressions above and the way each system tries to define when a contradictory behaviour should be accepted or not are not clear. Hence the relevance of this study.
其他摘要：This article is the result of the research project “Interpretation and Application of Private Law” that has been carried out by the Study Group on private law in Pontificia Universidad Javeriana. In this text we analyse the importance of reliance in contract law and how different legal systems have adopted rules to make the parties’ behaviour as coherent as possible. The particular interest of this analysis is the difficulty to conciliate the different approaches that tend to restrict the possibilities of contradiction in contract law. The reader will find a study of the parties’ duty of coherence as it has been called by recent French doctrine, the roman rule of the venire contra factum proprium and other similar expressions like the estoppel of the common law, the German verwirkung andfinally the figures adopted in our Colombian system of law, like the actos propios and appearance theories and the protection of legitimate expectations. The frontiers among all the expressions above and the way each system tries to define when a contradictory behaviour should be accepted or not are not clear. Hence the relevance of this study.
关键词：Duty of coherence;venire contra factum proprium non valet;actos propios;legitimate expectations;estoppel;verwirkung;Deber de coherencia;venire contra factum proprium non valet;actos propios;confianza legítima;estoppel;verwirkung
其他关键词：Duty of coherence; venire contra factum proprium non valet; actos propios; legitimate expectations; estoppel; verwirkung
