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Copyright of Revista de Derecho Privado (00347922) is the property of Editorial Reus and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The tacit withdrawal, is one of the abnormal ways of ending the process, instituted since Law 105 of 1890, it has also been called, expiration of the instance or perenniality. The reason behind the decision is the abandonment or inactivity of the process at the request of the party. Article 317 of the General Code of Procedure regulates the procedural act, nefariously sanctioning the litigant, with the extinction of the right sought, when it is decreed a second time between the same parties and in the exercise of the same claims. The consequence falls on the right of action, according to the proportionality study carried out by the Constitutional Court in judgment C-1186 of 2008, which declared the consequence envisaged in law 1194 of 2008 enforceable; judgment that applies to article 317 of the CGP, without, as the judgment warned, the substantial right is lost, what is lost is the right of action. When the intended right is extinguished, the obligation is devoid of action, becoming a natural obligation, at the discretion of the debtor, the procedural action is not a way to decongest the judicial offices, as expressed by the litigants, it is the sanction to their litigation neglected, resulting in the withdrawal of the action, and hence its extinction. Obviously, the tacit withdrawal is an input for decongestion, but it is for the obligation the cause of changing from civil obligation to natural, by not conferring the right to demand its fulfillment. Therefore, in article 1527 of the Civil Code, this new natural obligation must be included. [ABSTRACT FROM AUTHOR]

In the city of Armenia and Quindío, contracts for the supply of goods other than food are signed, which are regulated according to commercial law and the contractual will. Thus, the duration of the contract can be determined or indefinite, giving rise to the parties to terminate it in the agreed term, and if there is no term, it will be the one indicated by the commercial custom or the nature of the supply. This research will analyze the commercial practice of prior notice in the termination of the supply of goods other than food, to verify compliance with the requirements of uniformity, reiteration, validity, publicity and obligation, to be certified as commercial custom by the Chamber of Commerce of Armenia and Quindío. [ABSTRACT FROM AUTHOR]

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Article 1489 of the Chilean Civil Code provides for a judicial termination for breach of contract. However, this remedy does not offer the creditor sufficient protection, by imposing the burden of initiating a declaratory trial, whose result —the termination of the contract— depends, in the end, of the qualification that the judge will make of the nonperformance in which the claim was based. It is in this order of considerations that it is convenient to include termination clauses that, together with defining the essential breaches, recognize the creditor the right to terminate the contract by communication and with extrajudicial effect. However, as the Chilean Civil Code does not provide for this, in contractual practice this agreement produces a series of problems regarding its validity and effectiveness. The present work, together with showing these problems, offers solutions, mainly based on the judgments of the Superior Courts of Justice of Chile. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The case law of the Spanish Supreme Court has consistently established that the mere delay in the performance of a contractual obligation does not entitle the non-breaching party to terminate the contract. Only in those cases in which the parties have included a termination clause for delay or when they have established that the term for performance of the obligation is essential, can the delay lead to the termination the contract. The judgment analyzed in this article enables the termination of the contract for delay in those cases in which, according to a good faith standard, the creditor cannot be forced to be bound to the contract due to the long time elapsed. [ABSTRACT FROM AUTHOR]

The following work analyses the line of research that concludes with the non termination under the statute of limitation of the insolvency liability contained in the art. 172 bis of the Spanish Act on Insolvency (deficit covering liability). So that the Spanish legal system has not been expressly provided with a specific statute of limitations for this liability action, it is necessary to clarify whether the action has a limitation period to exercise it and whether this, if applied, would have a different treatment in the function of the possibly persons declared affected by the classification [ABSTRACT FROM AUTHOR]

This paper presents some preliminary observations about the basic structure of breach of contract and its procedural consequences in Spanish Law; an attempt to analyze the impact in civil litigation process of the modern an infuencial guidelines on contract law are trying to implement in Europe. [ABSTRACT FROM AUTHOR]

Whether we talk about legal or contractual termination, the noncompliance will always represent the starting point of the termination right, and therefore its main requirement. However, this right only appears with the verification of other requirements, thus arising in this context the concept of the materiality of non-compliance. Thereby, within the scope of financing contracts, with particular relevance to those regarding the granting of credit, the right of termination exists not only in those situations where a principal obligation was violated but also in those other situations where another type of obligation was violated, provided that such violation represents a noncompliance which is coated of the necessary materiality to justify said termination mechanism. [ABSTRACT FROM AUTHOR]

It's a difficult subject, due to the ideal tensions that converge in it and to the expansion of psychic suffering issues that psychoanalysis has been dealing with. Reanalysis, legitimized in fact among us --even if elsewhere, because of their frequency or extension, would imply dubious situations or simply failures-- do provide precious material in order to put in perspective different ways of conclusion of the interminable. The same occurs with interrupted analysis, including those considered pseudo failures. Termination: arbitrary moment, even if neither irrational nor capricious, asymmetrically conceived but written "a deux", that weaves a sequence of irreversible moments ("transformational catastrophes" we would say with Bion) each one bringing its depth of events in a infinite potential continuous. This is linked to the development of mourning and narcissism. It also examines the pseudo-maturity, making reference to termination as a caricature. And it sets out certain aspirations, which are achievements in perspective of the analytical process. We define two transference elaborations that work as significative signs, and are only intelligible through psychoanalysis: Totemic Translational Fantasy and Psychoanalysis as Value. The first one refers to the effects of radical questioning about family myths relating to the origins, transgenerational wonders and disasters, and to the relative consummation of the Family Romance. Psychoanalysis as Value, for its part, accounts for the gestation of a common reference core for analyst and analysand, even if located beyond both of them, that tends to persist with relative independence respect to transferential changes and direct cares devoted to it. Differences between termination of analysis, the dissolution of the transference neurosis and dissolution of the transference are established. [ABSTRACT FROM AUTHOR]