It is intended by this essay to describe the dogmatic elements that configure the theory of unpredictability in order to define it, to investigate their origins and historical background, its configuration, characteristics, properties and effects on the Colombian law, in order to determine if it is a general principle of law or a rule of the Positive Law as is defined in the Colombian Commercial Code by Article 868.The work aims to establish what are the theoretical and conceptual requirements that allows its application.