Maestría Derecho Comercial y Financiero

URI permanente para esta colecciónhttp://hdl.handle.net/11634/48167

Examinar

Mostrando 1 - 20 de 21

Responsabilidad patrimonial del estado por omisión en el ejercicio de las funciones de inspección vigilancia y control de la Superintendencia Nacional de Salud
(Universidad Santo Tomás, 2026-05-06) Vecino Grimaldos , Ximena; Echeverry Botero , David Augusto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001359192; https://scholar.google.com/citations?user=KhEBh7cAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-1893-9836
The structural crisis of the Colombian General Social Security System in Health has revealed that the delayed liquidation of Health Promoting Entities (EPS) by the National Superintendency of Health is one of the main factors exacerbating the sector's financial, administrative, and social problems. This paper analyzes the legal, economic, and social implications of this delayed intervention from the perspective of the State's liability for omissions, pursuant to Article 90 of the Political Constitution, which states: “The State shall be liable for any unlawful damages attributable to it, caused by the action or omission of public authorities.” Throughout this analysis, we will address the historical and regulatory background of the liquidation processes, examine the structural weaknesses of state control, and the economic and legal consequences that affect the actors in the system, including healthcare providers, suppliers, pharmaceutical managers, and users. Finally, proposals are formulated to strengthen the oversight body through the incorporation of actuarial analyses, the creation of technical units for financial risk, aligned with the regulations recently issued by the Superintendency of Health regarding the inclusion of pharmaceutical managers as key players within the health system, and the adoption of preventive mechanisms to anticipate business crises in the health sector. This involves implementing proper preventive monitoring, rather than the reactive approach currently practiced by the Superintendency of Health. The study concludes that the ineffectiveness of administrative action and the lack of timeliness in the Superintendency of Health's decisions of intervention not only violate the principle of system efficiency but can also constitute a failure of service by omission, with financial consequences for the State and serious social repercussions. Bearing in mind that the State is the guarantor of the essential service of health, as stipulated in Article 49 of the Political Constitution state is not only responsible to organize, direct, and regulate the provision of health services to the population in accordance with the principles of efficiency, universality, and solidarity, but also to establish policies for the provision of health services by private entities, and to exercise oversight and control over them. Therefore, this work aims to reflect on and demonstrate that the State cannot limit itself to a passive role, merely carrying out control actions that are untimely and ineffective, since by the time these actions are implemented, the entities have completely lost their financial, technical, and operational capacity due to the lack and absence of prior controls, thereby causing serious harm to those who are part of the Colombian General System of Social Security in Health (SGSSS). Keywords: General Social Security System in Health, National Superintendency of Health, Health Promoting Entities (EPS), Health, essential public service, State patrimonial liability for omission, inspection, surveillance and control, State intervention in health providers.
La regulación europea de la IA. Impactos en la protección de datos y el derecho de autor.
(Universidad Santo Tomás, 2026-03-27) Hernández Ortegón, Daniel Felipe; Carrillo Rivera, Andrés Fernando; Morgestein Sánchez, Wilson Iván; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001792649; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001359832; https://orcid.org/0000-0001-8027-6071; https://orcid.org/0000-0002-8761-558X; https://orcid.org/0009-0008-5907-6911
The emergence of artificial intelligence (AI) within various processes including creative, contractual, and administrative spheres has generated a legal landscape marked by significant concern, requiring a thorough examination of the different regulatory frameworks from an interdisciplinary perspective. For this reason, within the framework of the II International Congress on Public and Private Contract Law, during the presentation by Dr. Vanessa Jiménez Serranía, Doctor of Commercial Law from the University of Salamanca, she highlighted the need to reconsider the interrelation between AI, personal data protection, and copyright from an intellectual property standpoint, particularly in light of the new regulations adopted by the European Union. Her analysis concludes that artificial intelligence is evolving faster than the regulatory capacity of States, which has generated tensions between technological innovation, legal certainty, the protection of the aforementioned rights, and its potential contractual or extra-contractual civil liability. This Working Paper seeks to deepen the central themes presented in the lecture, analyzing how the new European Union regulation on AI redefines obligations, transparency criteria, and contractual responsibilities for public and private entities. Likewise, it examines the challenges that arise from the use of data or intellectual property in training generative models and the implications this entails for authorship, ownership, and the use of content in digital contexts, illustrated through a case study that facilitates the assessment of its impact. The purpose is to provide an analysis that contributes to the doctrinal debate and to the development of regulatory solutions that allow for the harmonization of innovation, legal protection, and technological governance in a context where AI is becoming a transversal actor in contemporary contractual relationships.
La comercialización de fluido eléctrico en la costa caribe colombiana análisis de las tensiones generadas con el hurto de energía fundamentado en el estado de necesidad
(Universidad Santo Tomás, 2025-11-20) Camargo Uribe, Diego Fernando; José , López Oliva; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scholar.google.com/citations?user=r9RLzFYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9308-2153; https://orcid.org/0009-0005-8219-0059
To analyze the legal framework that allows for minimizing electricity theft on the Colombian Caribbean Coast. Despite its short legal and jurisprudential development in the country, the crime of electricity theft, defined in Article 256 of Law 599 of 2000, has been increasing significantly in recent years. This crime consists of the illicit appropriation of electricity, water, natural gas, or telecommunications signals through the use of clandestine mechanisms or the alteration of control systems designed for their accurate measurement. This situation represents millions of dollars in losses each year for companies that are dedicated to the distribution and marketing of this type of service, while at the same time, and in contrast, there is the obligation that the Constitution requires them to be able to guarantee the correct and efficient distribution of the same to the entire community in general, in accordance with the extensive jurisprudence issued on the subject and the regulations that govern the matter, determined mainly in Law 142 of 1994.
Análisis del Uso Indebido de S.A.S. para Servicios Jurídicos en Colombia: Vacíos Normativos en el Derecho Comercial y Vicios del Consentimiento Generados al Cliente Defraudado.
(Universidad Santo Tomás, 2025-09-25) Ávila Ardila, Paula Camila; López Oliva, José; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001721513; https://scholar.google.com/citations?user=r9RLzFYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9308-2153
The inappropriate use of Simplified Joint Stock Companies (S.A.S.) in Colombia to provide legal services represents a regulatory challenge that impacts both the professional performance of law and the safeguarding of clients contracting the service. This analysis examines the legal loopholes in Decree 410 of 1971 and Law 1258 of 2008, which enable non-expert individuals to form S.A.S. to provide legal services, creating significant dangers in violation of the consent of contracting clients by acquiring services under falsehoods. Additionally, the legal mechanisms available to defrauded clients will be recognized, incorporating the context of commercial law and reviewing general aspects dealt with by the Lawyer's Disciplinary Code (Law 1123 of 2007) when the person providing the service is a law student; so that, finally, regulatory and administrative modifications are suggested that require professional skills for the creation of S.A.S. for this purpose, with the aim of ensuring the quality of services and protecting the rights of clients.
Implicaciones de las Estrategias Nacionales de Educación Financiera en México y Colombia.
(Universidad Santo Tomás, 2025-08-25) Torres Aparicio, José Martin; López Oliva, José; Universidad Santo Tomás; https://orcid.org/0009-0001-4706-9385
The present article analyzes the implications of the national financial education strategies implemented in Mexico and Colombia respect to individuals financial decision-making, taking as a reference the guidelines established by international organizations. The research is base don qualitative approach with an exploratory and correlational scope. The method used was Hans-Georg Gadamer´s critical hermeneutics: the research techniques included documentary searches in databases and on websites such a SciELO and the official pages of the respective gobernments.
Debate Hermenéutico Sobre la Reticencia en el Contrato de Seguro Vida Deudores en Colombia: Un Asunto Aún Sin Resolver
(Universidad Santo Tomás) Pepinosa Bravo, Héctor Eduardo; Universidad Santo Tomás
For decades, the jurisprudence of the high courts has debated the issue of misrepresentation (reticence) in debtor life insurance contracts, in order to determine the proper interpretation of Article 1058 of the Colombian Commercial Code. The interpretation has shifted between opposing theses: one argues that, for the relative nullity of the contract to occur, insurers must prove the insured's bad faith and a causal link between the loss and the misrepresentation; the other contends that the law does not require such conditions, and that the annulment of the contract results from the mere act of concealment or inaccurate disclosure regarding the policyholder's or insured's health condition—leading inevitably to the non-payment of the claimed indemnity. The urgent need of individuals to obtain financial products (such as loans) compels them to enter into life insurance contracts on a daily basis, often without understanding their true scope or without concern for their own health status. In some cases, individuals deliberately conceal certain medical conditions to secure credit approval. On the other hand, insurers often fail to fulfill their duty of disclosure by not providing adequate advice or failing to assess the client's risk profile—frequently to facilitate mass sales of their product (insurance)—a situation exacerbated by their dominant market position. As a result, life insurance contracts present several legal complications that typically arise at the time of the loss and the subsequent claim. In light of these circumstances, the remedies provided by the judiciary—developed over several years—seek to establish a balanced doctrine regarding the phenomenon of reticence in life insurance contracts. However, the theories proposed have not been entirely harmonious between the ordinary and constitutional jurisdictions, creating an uncomfortable tension and, naturally, legal uncertainty and a lack of unified jurisprudence on such a sensitive issue. This article aims to analyze the most significant legal theses adopted by both jurisdictions over the past decade regarding the phenomenon of reticence in debtor life insurance contracts and the resulting relative nullity. The goal is to identify key characteristics that may contribute to the consolidation of a probable legal doctrine applicable to specific cases—a particularly relevant matter in today’s commercial and financial market in our country.
Smart Contracts: Retos Técnicos y Legales del Derecho Colombiano
(Universidad Santo Tomás, 2025) Solano Moreno, Jairo; López oliva, José; Carrillo Rivera, Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scholar.google.com/citations?user=r9RLzFYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9308-2153
This research will analyze the key differences will analyze the key differences between smart contracts and traditional contracts, with contracts, with special emphasis on their execution stage, in the specific context of the Colombian legal framework. For this objective, the present dissertation relied on the qualitative approach, with an explanatory and correlational scope. The research method used was the critical hermeneutic method of Hans Georg Gadamer, and the research techniques used were tools such as specialized databases.
Contexto Internacional del Contrato de Compraventa Internacional
(Universidad Santo Tomás, 2024) Largo Vargas, Luis Carlos; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002066038; https://orcid.org/0000-0002-6956-5881
The rules that establish the limits of liability, with respect to contracts for the international sale of goods, find their application in national positive law, starting from articles 981 et seq. of the Commercial Code, to the extent that they define the factors for which the parties are contractually responsible. Likewise, there are international conventions in which the Hage, Hage – Visby and Hamburg Rules deal with the limits of the contractual liability of the parties, for failure to deliver the cargo, imperfect execution or, in late compliance with its obligations. At the time of such normative restrictions, private international law has also defined the circumstances in which the exclusion of the invocation of force majeure operates, as a cause of exoneration of responsibility to the non-compliant party, when claiming for a non-compliance that by be foreseeable, can be avoided or exceeded, under penalty of compensating, when it comes to applying the total of the contractual clauses that regulate the matter, as well as the compensation that may be applicable. Thus, insurers must consider the review of the insurance contract, with regard to foreseeable risks, such as non-compliance caused by the container crisis of 2020-2021, generated at some point by the measures. of confinement due to Covid -19.
El Turismo en la Cuidad de Santa Marta en Colombia. Análisis de las Ventajas de la Inversión Extranjera y su Sostenibilidad
(Universidad Santo Tomás, 2024-01) Jiménez Aristizábal, María Victoria; López Oliva, José; Carrillo Rivera, Andrés; Universidad Santo Tomás; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://scholar.google.com/citations?hl=es&user=YxX0fjYAAAAJ; https://orcid.org/0000-0001-9308-2153
The tourism sector is vital in the international, national, and local economy, with multiple advances related to society, culture, and technological development since their beginnings, with undeniable input to the global economy. The town of Santa Marta is very different from the other cities of the world, receives a notorious number of visitors every year, which is redundant in her local economy. The various political plans and strategies have been looking for bigger development in this region. Still, it is necessary to question if the measures have been the most appropriate in this respect because they look like having a limited scope and don´t sort up the basic problems of the town. This is necessary for the development of tourism and provokes an increase in foreign investment in this activity, which could pass for appropriate development of the region's cultural, historical, ambiental, and social. Maybe they have not been used enough, like this to create their creation of own brand that performance at the incomparable characteristics of Santa Marta, and as a consequence, an increase of foreign investment in the town, always since premises of sustainability to ensure a future of balance between the different factors.
El Seguro de Crédito en Colombia: Estudio de la Protección del Patrimonio de Empresas Agroindustriales en Villavicencio – Meta
(Universidad Santo Tomás, 2024-02-09) Barney Cabal, Camila; Lopez Oliva, Jose; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001813093; https://orcid.org/0000-0001-9308-2153; https://orcid.org/0009-0002-7079-9148
This research work aims to identify the ideal mechanism to protect the assets of agro-industrial companies that produce vegetable oil in the area of Villavicencio, Colombia. The research was based on the qualitative research approach, with an explanatory and review scope and with the use of the critical hermeneutic method and case study. The research techniques were the conversation with experts and the search for information. In addition, some of these tools were used: Scopus, Publindex, Scielo, among others.
Digitalización del Proceso de Cobranza
(Universidad Santo Tomás, 2023-11-06) Caballero Nuncira, Edward Aleyxi; Echeverry Botero, David Augusto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001359192; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001539876; https://orcid.org/0000-0003-1893-9836
The digitalization of the collection process has become a strategic priority for financial institutions and companies that manage credit portfolios. By adopting technological tools and digital platforms, the aim is to optimize processes for the financial system, implementing self-management without violating the rights of financial consumers. This transformation towards a digital approach to delinquency management aims to strengthen collection methods, overcoming deficiencies found in traditional credit and collection processes. The importance of digitization lies in multiple benefits. Information security and confidentiality are also priorities in the digital environment, and advances in security and encryption technology ensure a high level of data protection. Digitization provides access to real-time information, enabling informed and timely decisions to address specific delinquency cases. In addition to improving efficiency and reducing costs, digitization is aligned with the pursuit of a closer and more positive relationship with customers. Personalizing the customer experience, as well as respecting their rights, strengthens the reputation of the financial institution and generates a greater commitment to meet their financial obligations. In conclusion, the digitization of the collections process is presented as a crucial strategy to improve collections management and contribute to the liquidity of the financial institution. The successful adoption of these technologies offers a series of key advantages and benefits for both financial institutions and their customers, positioning digitization as a differential factor for success and sustainability in a competitive and changing environment. Keywords: Digitalization, collections, process, self-management, efficiency.
El Abuso del Legítimo Tenedor de Títulos Valores en Blanco un Estudio desde el Caso Colombiano
(Universidad Santo Tomás, 2023-09-29) Gómez Muñoz, Ruth Dary; López Oliva, José; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001813065; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://orcid.org/0000-0001-9308-2153
The present investigation intends to demonstrate the violation of the rights of the exchange obligor, specifically of the drawee against a bill of exchange, by the current regulations in Colombian commercial law. The foregoing, compared to those in charge of regulating blank securities. In practice, the legitimate holder of the security fills in the blanks unilaterally, exceeding its conventional powers, by altering the agreement agreed between the parties. It is evident that the verbal instructions established at the time of celebrating the pertinent legal act are unknown. without the regulations determining a real and applicable limit in this type of event. This situation leaves the debtor of the obligation with the burden of proof regarding the demonstration of irregularity at the time of presentation of the title. This research is structured through the qualitative approach, based on an exploration from the deductive. Case study methods and critical hermeneutics will be used, with the use of documentary search research techniques and conversation with experts, people with experience in commercial and procedural law and securities. The tools used will be databases such as Scielo, Scopus, Redalye, among others.
Implicaciones del Fenómeno de la Imprescriptibilidad del Pagaré con Carta de Instrucciones en Blanco en Colombia
(Universidad Santo Tomás, 2023-09-29) Pimentel Martinez, Paula Andrea; López Oliva, José; Carrillo Rivera, Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001792649; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://scholar.google.com/citations?hl=es&user=YxX0fjYAAAAJ; https://orcid.org/0000-0001-9308-2153
The purpose of this investigation is to demonstrate the regulatory and practical shortcomings at the time of filing the value title -promissory note- with a letter of instructions when it is signed by the debtor in blank. The foregoing taking into account that the creditor in its dominant position and with pre-established formats includes clauses in the letters of instructions that allows the processing of blank promissory notes practically at any time. This situation generates the imprescriptibility of these and affects the principles of legal certainty. This is how, in practical cases, obligations executed before the judicial offices signed 10 or 20 years in advance and with a term greater than the legal non-compliance by the debtor, without being able to except said execution due to the phenomenon of prescription. . The foregoing given that the creditor supports the execution of its obligation in the subscription of the blank value title and the corresponding letter of instructions which usually includes enforceability clauses at the time of its completion, completion that the creditor performs at any time.
La Autonomía de la Voluntad Privada en los Procesos de Reorganización Empresarial Colombiano
(Universidad Santo Tomás, 2023-09-15) Ortiz Paez, Nike Alejandro; Echeverry Botero, David Augusto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001359192; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002075581; https://scholar.google.com/citations?hl=es&user=KhEBh7cAAAAJ; https://orcid.org/0000-0003-1893-9836; https://orcid.org/0000-0002-1477-0992
This research result article aims to analyze those implications that arise from the limits to the autonomy of the will between individuals understood as a general principle, to mutual commercial contracts within processes carried out for business reorganization. By virtue of a whole series of benefits that bankruptcy processes grant to the insolvent, such as the impossibility of decreeing the unilateral termination of contracts. Such contracts arising from a private legal business present a limitation to their spirit and clauses, when one of the parties is admitted into a process for the reorganization of a company. In Colombia, the process mentioned above, in its search to strictly safeguard the solvency of the company, concomitantly affects other interests of both natural and legal persons, when one of the parties is admitted to the process. Accordingly, the problem question arises: Is the freedom of people to establish agreements that regulate their legal relationships restricted within business reorganization processes? To respond to this, this research is exploratory and follows a qualitative approach, with a critical hermeneutic paradigm. Therefore, the data collection techniques used correspond to the documentary review through databases such as Redalyc, Scielo, among others, and the information held by the Superintendence of Companies as bankruptcy judge who carries out the reorganization proceedings in the country.
Consideraciones Prácticas Respecto de la Responsabilidad de los Administradores en los Procesos Concursales
(Universidad Santo Tomás, 2023-09-14) Delgado Dueñez, Javier; Echeverry Botero, David Augusto; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001359192; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002130294; https://scholar.google.com/citations?hl=es&user=KhEBh7cAAAAJ; https://orcid.org/0000-0003-1893-9836; https://orcid.org/0009-0007-6820-1473
The objective of this research is to carry out an analysis of the historical evolution of insolvency regimes and of the different concepts on the responsibility of administrators in bankruptcy processes in Colombia. It is based on risk assessment, from the legal-economic perspective of companies in capital investment with respect to the undertaking of new businesses. Negative results for the year may result in the option to start a bankruptcy process. Although the partners and third parties will be patrimonially affected by the beginning of the aforementioned bankruptcy process, this will be the ideal tool on many occasions to make the continuity of the company viable, as well as the payment of debts or, eventually, the entry into an exercise of restructuring. Law 1116 of 2006 proposes, then, a scenario where there is the possibility of initiating a process to recover and preserve the companies through the business reorganization procedure, which, if feasible, would avoid its legal liquidation. Therefore, the methodology applied to this article is qualitative, with an exploratory approach in terms of case study and jurisprudence, with the use of documentary review techniques and consultation in databases such as Scielo and Scopus, among others.
La opresión del asociado minoritario: Un régimen para la protección ex post efectiva de la minoría en la sociedad de capital cerrada en Colombia
(Universidad Santo Tomás, 2023-06-05) De León Céspedes, Fabián José; López Oliva, José; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001812766; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://scholar.google.es/citations?hl=es&user=2HTHKWkAAAAJ; https://orcid.org/0000-0001-9308-2153; https://orcid.org/0000-0002-4408-1696
This research aims to demonstrate that the institution of the abuse of voting rights is not the ideal mechanism to protect Minority Shareholders from the oppression of Majority Shareholders in Colombia. Thus, it seeks to demonstrate that the application of the American doctrine so-called "Minority Shareholder Oppression" is the effective legal institution to achieve said protection. In other words, with the implementation in Colombia of this foreign doctrine, there will be greater protection against the oppression of the majority shareholders, which is qualified as “abusive”. This doctrine is aimed mainly at closed corporations against all the oppressive techniques, whether it comes or not from a decision of a shareholder meeting. This common law doctrine, perfectly applicable in Colombia, raises the so-called - Oppression remedies - which are mechanisms that can be implemented by the judge in order to counteract the oppressive conduct of the majority shareholders. To demonstrate the above, this research relies on the qualitative research approach, with a correlational scope, the critical hermeneutical method, and the research technique of conversation with experts. The tools that were used are Scopus, Redalyc, Scielo databases, among others.
Régimen de protección de datos personales y garantía al acceso a la información pública: análisis desde la perspectiva de la ley 1581 de 2012
(Universidad Santo Tomás, 2023-03-29) Leal Prieto, Julieth Amanda; López Oliva, Jose; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001813061; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://orcid.org/0000-0001-9308-2153; https://orcid.org/0009-0004-4736-0879
This research aims to expose the clash between the fundamental guarantee of privacy and the personal data protection regime, regulated through Statutory Law 1581 of 2012 and the power to access public information, based on the principle of transparency, regulated in statutory law 1712 of 2014, as well as a possible way out of the exposed shock. To demonstrate the above, this research is structured through the qualitative approach, with an exploratory scope from the inductive; Critical hermeneutic methods and case study, documentary review techniques and conversation with experts are used. In addition to the virtual database tools: Redalyc, Scopus, Scielo, among others.
Títulos valores desmaterializados en Colombia una propuesta para la prestación del servicio a asociados de la Cooperativa Multiactiva IGMARCOOP
(Universidad Santo Tomás, 2023-02-08) Manosalva Yopasa, Nadia Carolina; Lopez Oliva, José; Carrillo Rivera, Andrés Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001792649; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001813148; https://scholar.google.com/citations?hl=es&user=YxX0fjYAAAAJ; https://scholar.google.com/citations?hl=es&user=r9RLzFYAAAAJ; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001401524; https://orcid.org/0000-0001-8027-6071; https://orcid.org/0000-0001-9308-2153; https://orcid.org/0000-0001-9717-4696
The present investigation aims to identify the benefits of implementing the figure of a dematerialized promissory note value to the credits offered by the IGMARCOOP Multiactive Cooperative, located in the city of Bogotá, Colombia. This situation would allow granting payroll credits to associates located in different areas of the country. The foregoing, because as of March 2020, due to the health crisis and when the pandemic was declared due to the covid-19 virus, mandatory preventive isolation was implemented. This measure disadvantaged the cooperative sector, given that from the second quarter of that year, access to the services provided by the Cooperative decreased. In order to demonstrate the above, this research is structured through the qualitative approach, with a descriptive scope. In addition, observational and critical hermeneutic methods are used. Documentary review techniques are used. Finally, the research is supported by the Scopus, Scielo, Redalyc databases, among others, established as research tools.
Las Prácticas de Autoprotección Propias de los Tomadores/Asegurados Como Consumidores Financieros
(Universidad Santo Tomás, 2023-01-27) Manjarrez Paba, Nazly Yamile; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001813119; https://orcid.org/0000-0002-1935-2802
This article aims to expose the legal reality of Colombia, tending to ignore the effective selfprotection practices of the policyholders/insured as financial consumers and analyzes the markedly protective position of the insured, which has been assumed by the Constitutional Court, who in recent years has begun to present subtle arguments that link the policyholder/insured with the figure of the financial consumer, from the point of view of the rights that he acquires as such. In the development of the article, the legal and jurisprudential context of the figure of the financial consumer and the self-protection practices are studied, highlighting the recent trend of the Financial Superintendence and legal operators such as the Superior Court of Bogotá; to finally propose actions that allow, from the regulatory, educational and sanctioning point of view, the effective application and use of the protection practices of financial consumers in the insurance contract. This research was developed through the qualitative approach, with an exploratory scope, using the analytical hermeneutic method and the case study and, in turn, the documentary review technique was used. Finally, the work was supported by the Scopus, Scielo and Redalyc databases, established as research tools
El Contrato de Arrendamiento Local Comercial a Raíz del Covid - 19 "Análisis de las Implicaciones del Covid-19 en Este Contrato"
(Universidad Santo Tomás, 2023-01-20) Santamaría Ovalle, Jose Miguel; López, José; Universidad Santo Tomas
This research aims to show that the theory of contractual collaboration allows to resolve the existing tensions in a lease. This, due to the breach caused by the COVID-19 outbreak. On the one hand, the submission of the tenant with the fulfillment of its obligations such as the payment of the rental fees, who in turn cannot exercise the purpose of the contract, and on the other, the right that assists the lessor to collect the rents for the provision of the property of his property. This tension caused by the absence of judicial precedent given the topicality of the subject, since there is no theory that solves the contractual problems generated by SARS —COV —2. This research is structured through the qualitative approach, from the exploratory and with the use of the critical hermeneutic method and the study of cases; the document review technique, conversation with experts and discussion groups are used. Finally, the research is supported by the Scopus, Scielo, Redalyc databases, among others, established as research tools.

Examinar

Envíos recientes