Teoría de la imprevisión en tiempo de pandemia a través de la función económica del contrato

The paper addresses theory of improvidence, without extensive pretension, rather, it has a horizon fixed in the particularity of the circumstances in the prospective contractual review in view of the provisions that the National Government has adopted to face the situations generated by the contingency of the COVID 19 virus pandemic in terms of the execution of some economic activities. This raises the following question: How can the government's measures in the framework of preventive isolation affect the application of the contract review based on the hardship? This article is constructed by applying a descriptive documentary method, by means of which the characteristic elements of the hardship are illustrated based on relevant jurisprudence of the Colombian Courts, under the clause of the Social State of Law, together with specialized doctrine civil and commercial, to consider the real application in times of social and health contingency in Colombia and through it the action of revision of the contract