El solidarismo contractual en Colombia e Italia: Un ejercicio de Derecho Comparado

Contractual Solidarity in Colombia and Italy: an Exercise in Comparative Law

Abstract

This article aims to analyze how the concept of solidarity has permeated the legal systems of Colombia and Italy and redefined the role of the judge when settling disputes within the framework of private law. Likewise, it intends to show how the application of contractual solidarity in Colombia, although implemented hand in hand with the Constitutional Court, still generates resistance, which has led to an unharmonious and sometimes contradictory development. In constrast, this article seeks to expose how in the italian case, the principle of solidarity applied to contractual relationships has enjoyed more common acceptance which has resulted in the strengthening of the community ties of the italian society. To do this, a comparative analisis of the application of the principle of solidarity between the cases of Colombia and Italy Will be made, using as the main components of this research a qualitative approach through the review of bibliographic sources referring to the concepto of solidarity applied to contractual relationships, accompanied by a jurisprudential and normative analisis.