La disolución jurisprudencial del requisito legal “sin previo contrato” de la acción de precario. Primera parte.

Abstract

The precarious law enshrined in our Civil Code emanates from a very short rule that must have been interpreted by the jurisprudence of our courts to give it content. For this, the justices of the Supreme Court have set criteria to understand when facing a "prior contract", criteria that have departed from its definition, set in art. 1438. It then becomes necessary to unravel what are the factors that have led the Court to understand that there is a "contract" and in which cases not, to allow anticipating the future criteria of rejection or acceptance of appeals. Deep down that they are constantly beginning their footsteps in this matter. For this purpose, Supreme Court rulings in appeals are analyzed in the merits over a period of ten years.