Essential breach of contract in Colombian civil and commercial legislation based on modern contract law

Abstract

The present work has as main objective to analyze both the general and special rules to establish that in Colombian private law there is a place for the "essential breach" as a requirement for the origin of the action sought by one of the contracting parties against the breach of the other, of compliance with the regulation of the resolution action that enshrines article 1546 of the Civil Code and 870 of the Commercial Code in Colombia, focusing the analysis under study, mainly in the jurisprudence of the Supreme Court of Justice, without neglecting the doctrine and the current legislation. It is a type of dogmatic research based on national legislation, doctrine and jurisprudence and the uniform law of contracts.