3035
The extraordinary development of trade as of the second half of the 20th century, driven by growing competition among companies, obliged merchants to have available sufficient amounts of goods to meet the requirements of their clients. However, the stocking of goods has obliged businessmen to assume...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2014
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/5/contrato-estimatorio.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3035 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3035.dir/3035.PDF |
| Aporte de: |
| Sumario: | The extraordinary development of trade as of the second half of the 20th century, driven by growing competition among companies, obliged merchants to have available sufficient amounts of goods to meet the requirements of their clients. However, the stocking of goods has obliged businessmen to assume an economic risk that they are not always able to face, since the resale of products is often unpredictable due to market shifts that cannot always be foreseen or avoided. The Aestimatum Contract affords protection against such risk since it enables merchants to maintain stocks of goods without having to acquire title to such goods or pay for them before the goods are resold but may, however, sell and profit from the sale as if the goods were their property, subject only to the limitations arising out of the nature of the act itself. The Argentine Civil and Commercial Codes do not regulate or mention this contract, despite there is no doubt regarding its current widespread use, admittedly under the name of "consignment agreement". Though there are some coincidences between the aestimatum contract and consignment agreements, we believe they are two independent figures that must be distinguished from each other on the basis of their legal nature. |
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