THE FULFILLMENT OF OBLIGATIONS BY THE VOLUNTARY REPRESENTATIVE: NOTES FOR A REVIEW OF ITS DOGMATIC CONCEPTION

Abstract

This paper is a review of the fundamentals that have traditionally conceived by the doctrine that the fulfillment of the obligation undertaken by the representative is how if I had done the debtor. But today, the civil doctrine should rethink that assertion based on the determination of the budgets of agency and self-fulfillment of obligations; taking into account the multiple theories relating to both categories have been raised. Although attempts to justify as a legal fiction, the truth is that conceiving compliance rep as performed by the debtor himself, both by law and doctrine, is inappropriate. This design comes in clear contradiction with the conception of the liability regime between acting and acting representative of the debtor.