Alcances de la confianza legítima en el derecho privado colombiano

Abstract

The principle of Legitimate Expectations, as the doctrine and a few little jurisprudential pronouncements have established, is a derivation of the principle of Legal Certainty, the concept of Rule of Law and especially, of the Principle of Good Faith, this is, to such point, that we can say that this is the genus and the Principle of Legitimate Expectations the species, however,they are individual principles that have their own rules and uses, although, with many things in common. Institutions like the Estoppel, Verwikung, the Estoppel Theory, the doctrine of Culpa in Contrahendo, among others, present in different jurisdictions, are unmistakable manifestations of the protection and the application of both principles, with recognized relevance in both Private and Public Law, being this last one, the area where this principle is mostly used, never the less, it is becoming very popular in both disciplines due to the constitutional evolution and the globalization process that we are facing, in conclusion, we can say that until now its gradual introduction into Public Law, will be followed by a slow but steady evolutional processallowing both doctrinal and jurisprudential applications.