ACTUALIDAD DE LOS CUASI CONTRATOS. REVITALIZACIÓN DEL ARTÍCULO 1891 DEL CÓDIGO CIVIL PARA LA TUTELA DE LOS CONSUMIDORES-INVERSORES EN EL SECTOR FINANCIERO (UN ESTUDIO NECESARIO EN TIEMPOS DE CRISIS).

Abstract

The coherence and unity of the Legal System force lawyers to review the precepts of the long-lasting tradition, which can serve solving nowadays problems, before making use of new and isolated normative, raised for the specific case and the private sphere. The present time requires adopting attitudes a giving fair answers to the generalized debt problem, even more provided that this overcome reality and the lack of liquidity would be produced because of the trust given by the dominus negotii to the market operators, who have become opportunist or negligent managers, producers of losses better than profits. They have also been offering sophisticated funds and risky scenarios, increasing the already assumed difference between the professional and the user. The problem which Law has to answer is the economic insolvency, specially when patrimony loss affects limited-rents individuals, provoking the failure of the constitutional principle of integrity and economic capacity, guarantee of the personal dignity preservation. Consequently, we must search and revitalize Statutory Law instruments and Solutions just as the one offered by the quasi contract concept, specifically in the article 1891 of the Civil Code.