Abstract

VILLAFUERTE PHILIPPSBORN, Fernando Daniel. Origen, historical evolution and nature of bolivian civil codes's Art. 309. Rev Cien Cult [online]. 2015, vol.19, n.35, pp.35-53. ISSN 2077-3323.

The art. 309 of the bolivian Civil Code defines a legal institute that has evolved in each of the steps of Romanistic Legal System. It is one of two species of the datio in solutum, named necessaria, because it is imposed to the parties, particularly to the creditor. For centuries such imposition has been tacitly accepted by the courts of the region as a natural consequence of the enforcement of obligations. The datio in solutum necessaria is contrary to the principles of civil law, such as inviolability of contracts and accuracy in full performance of the obligations that Bolivian legislation inherited from the Arts. 6 and 1134 of the Code civil des français elaborate, as it is well known, based on the dogma of the autonomy. The glaring contradiction generated by Art. 309 with the system, has received more attention from some scholars of Bolivian civil law than the institute of datio in solutum necessaria.

Keywords : Compliance obligation; datio in solutum necessaria; sanctity of contracts and accuracy.

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