Abstract

GRAJALES CHICO, David Steven. Mechanisms for reparation of damages caused by legal transactions involving the alienation of real estate in contexts of generalized violence. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.8, n.24, pp.203-221.  Epub Aug 18, 2023. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v8i24.580.

The generalized violence of the armed conflict in Colombia has generated that a large part of the displaced population has entered into legal transactions such as the purchase and sale of real estate under unfavorable conditions that generate certain disadvantages for them, being a common situation in Colombia and other countries that share similar contexts. It becomes necessary then to analyze how the figures such as land restitution of the law 1448 of 2011, the rescissory action for enormous injury and the nullity for defects of consent in legal transactions involving the alienation of real estate, are applied in order to make a diagnosis of the applicability of this factual assumption in the population displaced by the armed conflict in Colombia. This article analyzes the mechanisms of Colombian civil law to challenge this particular type of legal transactions in light of the rights of the displaced population, in order to establish a framework for the application of these protection mechanisms in Colombia.

Keywords : Armed conflict; legal business; enormous damage; land restitution; vices of consent.

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