Maestría Derecho Comercial y Financiero
URI permanente para esta colecciónhttp://hdl.handle.net/11634/48167
Examinar
Envíos recientes
Ítem 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/0000-0002-6956-5881The 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.Ítem 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/0000-0001-9308-2153The 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.Ítem 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/0009-0002-7079-9148This 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.Ítem 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/0000-0003-1893-9836The 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.Ítem 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/0000-0001-9308-2153The 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.Ítem 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/0000-0001-9308-2153The 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.Ítem 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/0000-0002-1477-0992This 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.Ítem 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/0009-0007-6820-1473The 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.Ítem 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/0000-0002-4408-1696This 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.Ítem 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/0009-0004-4736-0879This 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.Ítem 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/0000-0001-9717-4696The 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.Ítem 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/0000-0002-1935-2802This 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 toolsÍtem 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 TomasThis 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.Ítem El seguro de responsabilidad civil en Colombia análisis de la posición dominante en estos contratos para los servicios de salud.(Universidad Santo Tomás, 2022-11-25) Mendoza Guerrero, Francisco Javier; Lopez, Jose; Universidad Santo TomásIn the current investigation, it is necessary to investigate the clauses that are included in the insurance contracts, which can become a clear abuse of the dominant position by the insurer. In this way, therefore, we want to investigate the existence of this type of clauses and other acts that may be considered as an abuse of their position of dominance. In order to demonstrate the above, this research is structured through the qualitative approach, from the exploratory and with the use of the critical hermeneutic method; 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.