Colombian Commercial Code - Decree 410 of 1971 - Preliminary Chapter - General Provisions - Article 1st. to Art 9

Commercial Code of Colombia - Decree 410 of March 27, 1971

(Book One)

ACT 410 OF 1971(March 27)

On which issues the Commercial Code

THE PRESIDENT OF THE REPUBLIC OF COLOMBIA

In exercising the special powers conferred by paragraph 15 of Article 20 of Act 16 of 1968, and the requirement established there

DECREES:

PRELIMINARY TITLE GENERAL PROVISIONS

1. Traders and business matters are governed by the provisions of commercial law, and cases not covered explicitly in it will be determined by analogy with its rules.
2. On the trade issues that are unable regulated under the previous rule, the provisions of civil law.
3. Commercial practice will have the same authority as the commercial law, if not tacitly or manifestly contrary to the facts constituting the same are made public, uniforms and reiterated in the location where they met performance or relationships come to be regulated for it.In the absence of local custom is taken into account the overall country, provided they meet the requirements of the preceding paragraph.
4. The provisions of contracts validly concluded prefer to laws and commercial customs suppletive.
5. The commercial customs will also serve to determine the meaning of words or phrases trading techniques and to interpret events and business conventions.
6. Commercial practice will be tested as provided in Code of Civil Procedure. However, when seeking to prove with witnesses, they must be at least five qualified registered dealers in the commercial register, it reasoned aware of the facts and the requirements imposed on them in the article 3. And when are adduced as evidence two final court decision will require that they have been handed down within five years prior to the dispute.
7. Treaties or international trade conventions not ratified by Colombia, international commercial practice which meets the requirements of Article 3. And the general principles of business law may apply to trade issues can not be resolved in accordance with the preceding rules.
8. The proof of the existence of a foreign commercial practice, and its duration, attested by the respective Colombian consul certification or, failing that, from a friendly nation. These officials to issue the certificate requested record to the local chamber of commerce or entity shall do their times and the absence of both, two lawyers of the place of recognized integrity, specializing in commercial law.
9. The practice of international trade and its validity will be tested by a certified copy under the Code of Civil Procedure, the decision or award that the international judicial authority has acknowledged, interpreted or applied. Also be tested with an authenticated certification appropriate international entity, who can vouch for the existence of the respective usual.