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This work aims to introduce the buyer protection regime and make evident the fragmentation and different protection levels in connection with a range of circumstances liable to be legally deemed as a failure of the delivery obligation. Whatever the hypothesis may be for a delivery failure, the seller is not complying with the provisions in the contract. Nevertheless, the 19thcentury lawmakers’ answers differ, which not only result in an unequal treatment but also in uncertainty for the buyer. Thus, thequestion is: Is there any model to overcome such fragmentation and the different protections for buyers? And the answer is ‘Yes’. The Vienna Convention or CISG [the UN Convention on Contracts for the International Sale of Goods], which is the model to build the new contract law, provides a unied system of remedies from a broad and all-encompassing concept of the contract non-compliance. Under the CISG model, the contractual relation is a warranty to execute the contract and so the seller will not breach any particular obligations but the whole contract. Based on this model a re-reading of the regulations in both the Chilean and Colombian civil codes is proposed. This re-reading has been welcomed, to some extent, in the Justice Court both in Chile and Colombia.

Protección del comprador por defectos materiales de la cosa vendida. Desde la fragmentación a un régimen unitario