Iura novit curia : Aplicación del aforismo en materia jurídica comercial en Colombia

Abstract

This work analyses Iura Novit Curia (INC) and its application by the Supreme Court of Justice (CSJ) in trade matters in Colombia, according to the globalization movement and the obligation of including the norms that come from here to the Colombian juridical system. A complete state of the art on INC was written in order to track doctrine and jurisprudence of the CSJ from 2000 to 2010, specifically those sentences of the civil room related to trade law, as well as other foreign sources in the matter, and the judge power-duty was delimited in the process. Collected information was arranged in documental summary templates and later analysed denying the hypothesis on the existence of risk to businesses related to the application of INC in the possible economic and judicial conflict resolution in trade law. In conclusion, the use of INC in trade law in Colombia is restricted by the dispositive principle given its poor, sporadic, rhetorical use and the procedure limits that impede the judge of widen, reducing or correcting the juridical qualification of the demand made by the parts.