TRANSACTION AND CONCILIATION: TWO LEGAL ENTITIES DIFFERENT IN NATURE, WITH A COMMON PURPOSE
DOI:
https://doi.org/10.21501/23394536.2464Keywords:
Transaction, Conciliation, Alternative mechanisms for conflict resolution, Jurisdiction, Legal process, Expectations.Abstract
In the alternative methods for conflict resolution and the theory of the law business, the conciliation and the transaction are, in that order, found; these are legal entities that, even with differences, aim at the common purpose of solving conflicts, avoiding the citizens to be forced to enter into legal processes. In both mechanisms, the parties must compromise in their rights in order to reach to a peaceful agreement; otherwise, it would be nearly impossible to use them. Anyway, the doctrine makers have different points of view on the topic; so much, that some of them try to assimilate them, while others make emphasis on their big differences; notwithstanding, the importance these entities have in our society is highlighted.Downloads
References
Cámara de Comercio de Bogotá. (1997). El Arte de Conciliar. Habilidades, técnicas, estrategias (No. 5). Bogotá: Departamento de publicaciones, Cámara de Comercio de Bogotá.
Código Civil Colombiano [CCC]. Ley 57 de 1887. Art. 2469. Abril 15 de 1887 (Colombia).
Corte Constitucional de Colombia. Sentencia C-893 de 2001 (M.P. Clara Inés Vargas Hernández: 22 de agosto de 2001).
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