Resumen

GELVEZ PENARANDA, Jorge Andrés; BUITRAGO MURILLO, Ai Karin Chan  y  ACEBEDO AFANADOR, Manuel José. Affectation of the right to heritage in regard to the contractual economic imbalance due to the overcharges of a contract due to unforeseen causes. Espacios [online]. 2024, vol.45, n.3, pp.84-93.  Epub 09-Oct-2024. ISSN 0798-1015.  https://doi.org/10.48082/espacios-a24v45n03p07.

The right to equity and private property are violated by the economic imbalance that arises from unforeseen and unforeseeable circumstances that alter the financial equation of a contract and generate excessive burden as causes that cannot be attributed to any of the parties that sign a contract. This contractual conflict focuses on the theory of unpredictability as a way to solve the conflict through judicial review in which it is required to demonstrate the unforeseeable cause, the excessive burden of the contract and the inability of the parties. That is why an investigation was carried out based on the review of jurisprudence and application of the exegetical and sociological method to the sentences of the Supreme Court of Justice and the Council of State, in order to analyze the substantial requirements for the formation of the theory of lack of foresight and judicial review can be applied as a mechanism to solve the contractual economic imbalance.

Palabras clave : economic imbalance; excessive onerousness; contract; unforeseeable and unforeseen circumstance.

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