Maestría Derecho Privado

URI permanente para esta colecciónhttp://hdl.handle.net/11634/149

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El Derecho del Padre en el Contexto del Aborto: Un Análisis de la Equidad de Género en las Responsabilidades Parentales
(Universidad Santo Tomás, 2026-06-04) Bautista Salas, Martha Patricia; Grizales Moreno, Melanie Alejandra; Valderrama Velandia, José Eduardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001265148; https://scholar.google.com/citations?hl=es&user=3s7faOsAAAAJ; https://orcid.org/0000-0001-6429-8019
This research explores, from a comparative approach, how the Colombian legal system conflicts with the principle of gender equity by excluding the father from decision-making regarding the voluntary interruption of pregnancy (VIP), while subsequently imposing legal responsibilities derived from paternity. This analysis begins with the constitutional recognition of women's reproductive autonomy and evaluates whether the current regulatory framework adequately integrates this right with the principles of substantive equality and parental co-responsibility that form the basis of contemporary family law. The research is developed using a qualitative approach and employs methods of comparative, analytical-synthetic, and inductive analysis. Through a comprehensive review of both national and international regulations, constitutional jurisprudence, relevant doctrine, and standards of multilateral organizations, the main regulatory advancements in Colombia and reference legal systems are identified, as well as emerging trends regarding male participation in reproductive decisions. The analysis reveals that, although the Colombian legal framework has progressed considerably in establishing abortion as a fundamental right linked to the autonomy and dignity of women, regulatory gaps still exist regarding the scope of parental co-responsibility during the decision-making phase. This asymmetry raises questions about the consistency of the system in the face of the constitutional mandate of material equality. Finally, the study presents critical reflections and suggests proposals focused on developing a more harmonious legal model that facilitates the reconciliation between reproductive autonomy and the principles of gender equity and shared responsibility.
Desafíos Jurídicos en la Protección de la Seguridad y Privacidad de los Usuarios de Servicios Fintech en Colombia: hacia un Fortalecimiento Normativo
(Universidad Santo Tomás, 2026-04-22) Quiroga Gutierrez, Angela Rocio; Valderrama Velandia, José Eduardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001265148; https://scholar.google.com/citations?hl=es&user=3s7faOsAAAAJ; https://orcid.org/0000-0001-6429-8019
Financial technology has revolutionized the global financial landscape, becoming integrated into everyday life through services such as mobile banking and instant payments. The emergence of digital banks, peer-to-peer lending platforms, and blockchain solutions has democratized access to financial services, offering efficient alternatives to conventional banking systems. Small and medium-sized enterprises (SMEs) have been the primary beneficiaries of this digital transformation, accessing personalized services through online banks, crowdfunding, and P2P platforms. However, this new financial ecosystem presents regulatory challenges that require balancing innovation with effective oversight, as fintech companies continue to expand and reshape the international financial landscape (Cumming et al., 2023). In Colombia, the fintech sector has experienced exponential growth in recent years, radically transforming how citizens access financial services. According to data from Colombia Fintech (2024b), the industry association, as of July 2024, the country had 369 companies, 269 of which were classified across nine verticals, with digital credit and digital payments representing 65% of them. This growth has brought with it a series of regulatory and legal challenges, particularly regarding the protection of user rights. The academic literature has addressed the regulatory challenges to the security and privacy of Fintech users from different perspectives. In international cases, Prayuti (2024) highlighted the need to strengthen regulatory frameworks to protect consumers from fraud and data breaches. While not delving into aspects of civil liability for security and privacy violations, he identified weaknesses such as a lack of specificity in regulations, inconsistent oversight, and gaps in the protection of personal data. Similarly, Bongomin & Ntayi (2020) identified challenges applicable to the Colombian context, such as a lack of transparency, insufficient cybersecurity, and operational and technical risks in mobile financial services, emphasizing general aspects of consumer protection such as complaint and compensation mechanisms. In Colombia, Pertuz (2021) analyzed the regulatory sandbox as a supervisory mechanism, emphasizing its limitations in protecting users, while Arias & Lis (2024) addressed the regulatory challenges of the fintech sector in Colombia more generally, including cybersecurity and data protection aspects. Guzmán (2024) addressed issues such as data security and abusive practices related to consumer protection through supervisory institutions. For their part, the research by González (2024) and Anaya (2020) established the need to strengthen financial consumer protection in the face of new digital channels in Colombia. The first study emphasized the development of optimization principles and mandates for resolving contractual disputes, while the second delved into the civil liability of financial institutions in cases of electronic fraud, highlighting that banks must bear the burden of proof and demonstrate that they acted with due diligence in cases of security breaches. The studies by Gutiérrez & Moreno (2023) and Albarracín (2023) converge in identifying that fintech regulation in Colombia, although based on Article 335 of the Constitution and complemented by regulations on data protection (Law 1581 of 2012) and cybercrimes (Law 1273 of 2009), presents substantial limitations. Their main findings highlight the existence of a partial regulatory framework focused on protecting the public interest and managing cybersecurity risks and fraud prevention. These research trends coincide in the absence of comprehensive legislation specifically for fintech, particularly regarding civil liability for violations of user security and privacy. This research confirms findings in this direction, but delves deeper into the possibilities for regulatory strengthening, considering the emergence of new technologies and their legal implications, the civil liability of fintech companies in cases of violations of user security and privacy, and recommendations based on successful fintech regulation experiences. While general regulations apply, the lack of a specialized legal framework creates uncertainty regarding the scope and effectiveness of protecting users' rights on these digital financial platforms. Therefore, when lawsuits are filed for contractual and extra-contractual civil liability due to data protection and security breaches, legal uncertainty arises because of the difficulty of resolving these cases through a judge. In this context, the need arises to analyze how the Colombian legal framework can evolve to effectively protect the rights of fintech service users without hindering the innovation that is transforming the country's financial landscape. This analysis must consider not only existing and proposed legislation, but also international best practices and the specific characteristics of the Colombian market. Thus, this monograph answers the following research question: What are the main legal challenges to protecting the security and privacy of fintech service users, considering the current regulatory framework, the impact of emerging technologies, and international regulatory experiences? The overall objective of this monograph is to analyze the legal challenges in protecting the security and privacy of fintech service users in Colombia, considering the current regulatory framework, emerging technologies, and international experiences, in order to strengthen the existing regulations. This entails four specific objectives, each addressed in the chapters of this work: 1) To identify the gaps and limitations of the current Colombian legal framework regarding the protection of fintech service users; 2) To examine the legal implications of the use of emerging technologies by fintech companies in protecting the data and privacy of fintech users; 3) To evaluate the existing legal mechanisms for determining the civil liability of fintech companies in the event of security incidents; 4) To propose improvements to the Colombian regulatory framework based on an analysis of international experiences in the protection of fintech users. Methodologically, this research adopts a qualitative, documentary approach, based on the systematic review and analysis of primary sources (current regulations, jurisprudence, and official documents from regulatory entities) and secondary sources (specialized academic literature, technical reports, and comparative analyses). The information processing will follow three phases: a descriptive phase to identify the elements of the current regulatory framework, an analytical phase to critically examine the legal implications and effectiveness of existing regulations, and a propositional phase to develop recommendations that strengthen the protection of fintech users' rights in Colombia.
MATERNIDAD SUBROGADA COMO FUENTE DE FILIACIÓN
(Universidad Santo Tomás, 2025-07-29) CASTRO SIERRA, ADRIANA LUCIA; VEGA BUITRAGO, JENNY ALEXANDRA; VALDERRAMA, JOSE EDUARDO; Universidad Santo Tomas
This research paper analyzes surrogacy as an assisted reproduction technique and its viability as a legitimate source of filiation in Colombia. Through a comparative legal approach, the regulatory systems of Spain, Uruguay, and the state of California (United States) are studied in order to identify regulatory models that can be adapted to the Colombian context. First, surrogacy is conceptualized, along with its modalities (partial, total, altruistic, commercial, and fragmented) and the ethical, legal, and social implications it entails. Filiation is examined from three perspectives: biological, legal, and intentional, with the latter being proposed as a valid alternative in cases of surrogacy. Likewise, the importance of guaranteeing the best interests of the child and their right to identity is highlighted as guiding principles in any regulation of this practice. The comparative analysis reveals divergent positions: Spain prohibits surrogacy and considers related contracts null and void, basing its position on the protection of human dignity and the principle of “mater semper certa est.” Uruguay allows surrogacy only for altruistic purposes and under strict conditions, such as a family relationship between the surrogate mother and the commissioning mother. In contrast, California offers a broad and flexible legal framework, recognizing filiation by contractual intent and allowing both altruistic and commercial surrogacy.
Analisis Comparativo De Los Acuerdos De Apoyo y Directivas Anticipadas Dentro De La Ley 1996 De 2019
(Universidad Santo Tomás, 2025-07-10) Olga Lucia Meneses Ramirez, Olga Lucia; Valderrama Velandia, José Eduardo; Universidad Santo Tomas
Responsabilidad empresarial de Ademincol S.A. en el contexto de los ODS.
(Universidad Santo Tomás, 2025-04-02) Parada Medina, Juan David; Hernández Buitrago, William Fernando; Universidad Santo Tomas
This research paper studies fundamental concepts in the relationship between corporate responsibility and the Sustainable Development Goals (SDG). It examines Colombian legislation applicable to the environment, sustainable development and business, showing how companies can align their corporate responsibility strategies to sustainable development and the 17 established goals. The research focuses on the case analysis of a Colombian company and demonstrates its commitment and actions in the implementation of sustainable policies that help mitigate social, labor, gender equality and the use of renewable energies. Finally, it demonstrates that compliance with the SDG is the path to the preservation of our planet.
Reforma Rural Integral: Su creación e Implementación a la Luz de los Objetivos de Desarrollo Sostenible
(Universidad Santo Tomás, 2024) Baquero Vega, Luis Fernando; Hernández Buitrago, William Fernando; Universidad Santo Tomás
The Peace Agreement signed between the Colombian government and the FARC-EP in 2016 marked a historic milestone in the pursuit of lasting peace in the country. The Comprehensive Rural Reform (RRI) was established as one of the fundamental pillars of the agreement, with the aim of addressing deep rural inequalities and contributing to the construction of a more prosperous and peaceful countryside. This text analyzes the implementation of the agreement in relation to the RRI during the 2018-2024 period, and its relationship to the 2030 Agenda for Sustainable Development. To do this, a documentary analysis methodology was used, through deductive reasoning. All of this leads to the conclusion that, in the short term, it is not possible to achieve the reduction of inequalities proposed by the 2030 Development Agenda.
Familia: Alienación Parental y Síndrome de Alienación Parental fuente de daño resarcible
(Universidad Santo Tomás, 2024-10-24) Vaquiro Benítez, Omar Eduardo; Ostos Cepeda, Juan Carlos
The objective of this research was to analyze the concept of family, its types and rights, in order to theoretically approach Parental Alienation and Parental Alienation Syndrome. The dynamics of manipulation exercised by one of the parents over the children and adolescents were investigated, using various forms of psychological, emotional, material and physical violence to damage the relationship with the other parent. Documentary research and testimonies of cases in Colombia and Chile showed that Parental Alienation Syndrome is a frequent phenomenon in divorce proceedings, although it is not recognized by Colombian legislation due to the lack of conclusive scientific evidence. This situation seriously affects minors, who suffer the psychosocial and emotional consequences of this manipulation. The lack of specific training on this subject in law and psychology degrees was also highlighted, which underlines the need to include in university programs an ethical and scientific preparation that allows dealing effectively with these cases and guaranteeing redress for the victims.
Responsabilidad Civil por Dispositivos Médicos Defectuosos Implantables y de Uso Prolongado en Colombia
(Universidad Santo Tomás, 2024) Gómez Pinto, Juan Sebastian; Pérez Cuervo, Martín Hernan
The rapid production of goods in the global economy, including medical devices, is driven by fluctuating demand and technological advancements. In Colombia, the growth of the medical device market has been significant, fueled by the need for advanced technology and improved healthcare. However, this evolution presents considerable challenges in regulating the safety and quality of these devices. Addressing these challenges is crucial to reducing risks, providing compensation for damages, and evaluating the effectiveness of civil liability in maintaining social and economic order. This research examines the Colombian legal framework on civil liability in cases involving defective medical devices, identifying shortcomings in the regulations and victim protection. A descriptive-analytical, comparative, and sociological analysis is proposed, contrasting international practices and highlighting the importance of health records and technovigilance programs while reinterpreting current law. The research is structured into four chapters. The first chapter examines the evolution and classification of medical devices and the relevance of health records. The second chapter explores the legal relationships in the logistics chain of these devices, including contractual and non-contractual duties and rights, and relevant regulations such as the Civil Code and the Consumer Statute. The third chapter focuses on the concept of defect and the defense mechanisms in civil liability cases, proposing a specific evidentiary standard, a reinterpretation of compensable damages, and flexibility in the causal link. The thesis concludes with a proposal for a special civil liability for defective medical devices, suggesting adjustments in the normative interpretation to balance the interests of victims with innovation and investment in a dynamic market.
Criterios de Reforma al Régimen de Prácticas Restrictivas de la Competencia en Colombia: Estado Actual y Estudio Comparativo Frente a la Regulación Vigente en la Unión Europea y Estados Unidos.
(Universidad Santo Tomás, 2024) Márquez Chiquillo, Sandra Yeraldin; Maldonado Narváez, Marlon Iván; Universidad Santo Tomás
LA CONSTITUCIONALIZACIÓN DE LA PROPIEDAD INTELECTUAL COMO DERECHO ANÁLOGO-TECNOLÓGICO EN LA REPÚBLICA DE COLOMBIA
(Universidad Santo Tomás, 2024-01-25) Sánchez Suárez, Jhon Edisson; Palacio Puerta, Marcela
Through which the origin of intellectual property is identified as a constitutional right of an analogous-technological nature, and its importance in innovation as a criterion of socioeconomic development and how its deployment in history allows it to remain at the forefront of changes in time, for which its elements, aspects and provisions are conceived in the political constitutions that the Republic of Colombia has had, and how the influence of European international law shows its intrinsic relationship with Colombian Intellectual Property by entailing its own relationships with the law. Spanish monarchist, to determine the bases of constitutionalization from the identification of events that occurred in legal history and how the content of the norm has been transformed over time until its current validity.
El derecho patrimonial de herencia en los hijos de crianza: avances y limitaciones en el actual contexto jurídico Colombiano.
(Universidad Santo Tomás, 2023-05-09) Naranjo Daza, Saidy Luney; Chaparro Hernández, Sandra Milena; Ramos Nocua, José Helvert; Universidad Santo Tomas
In Colombia, the figure of foster child has only been developed through jurisprudence and, through this means, the High Courts, especially the Constitutional Court, have recognized rights of all kinds to foster children, among which stand out: food, pensions, compensation and educational subsidies, in addition to recognizing the patrimonial right derived from the inheritance. However, with this last right, there is a very particular situation and that is that it has been granted only to foster children recognized by their foster parents as legitimate children. Hence, it is not possible to make this recognition to foster children who have their legitimate affiliation, in the understanding that it is not possible to conceive the idea that the same person holds the marital status of biological child with respect to parents and, additionally, the marital status of foster child with respect to others.
La Prueba Oficiosa en los Procesos Declarativos a partir de la ley 1564 de 2012.
(2023-02-02) Cordoba Mosquera, Angel David; Sosa Ruiz, Juan Carlos; Universidad Santo Tomás
The article addresses the jurisprudence of both the Supreme Court of Justice and the Constitutional Court on the institution of the informal evidence, reaching the conclusion that the closing bodies defend the institution from 2 edges a) that it is not a duty of the judge but an obligation that emanates from the constitution and the law, with regard to the constitution because access to the administration of justice must be guaranteed and the judge that society demands is not a static judge that is due to the results of the parties since one can prove better than another even by evading the procedural rules b) that the law requires you to seek the real truth and not issue an inhibitory sentence.
Interpretación judicial al parágrafo primero del artículo 590 del Código General del Proceso, respecto del requisito de procedibilidad "conciliación", cuando la medida cautelar no recae sobre bienes inmuebles
(Universidad Santo Tomás, 2022-10-13) Cárdenas Martínez, Andrea del Pilar; Rojas Galindo, Liliana; Guerrero Sierra, Hugo Fernando; Universidad Santo Tomás Tunja
One of the significant changes brought by Law 1564 of 2012, is the one contemplated in the first paragraph of article 590 of said norm, in the context of allowing direct access to the administration of justice, without exhausting the procedural requirement, conciliation, as long as the practice of precautionary measures is requested, as contemplated in the first paragraph, which establishes: "In any process and before any jurisdiction, when the practice of precautionary measures is requested, you can go directly to the judge, without the need to exhaust the pre-judicial conciliation as a procedural requirement”. (Law 1564, 2012, art. 590) However, this tool creates a new interpretation criterion for judicial operators, which lies in a subjective interpretation at the time of the initial evaluation that the judicial operator makes of the requested precautionary measure. This new scenario gives rise to the exorbitant powers of the Judge, granted by this new norm, which will be reflected in judicial decisions based on the subjective interpretation given to the concept of precautionary measure, if it is limited to those precautionary measures subject to registration or precautionary measures that do not fall on this class of assets, such as the seizure of bank accounts, are admitted. In this sense, it is necessary to address, from a mechanic of interpretation of judicial rulings, the different criteria applied by judicial operators, this in order to establish whether this rule grants a special privilege or simply creates a legal vacuum that must be developed at the judge's subjective discretion.
Contrato de gestación subrogada en Colombia: un análisis de los requisitos de validez y ejecución desde los principios generales del derecho contractual.
(Universidad Santo Tomás, 2022-06-01) Mantilla Miranda, María Camila; Alvarado Torres, Alfonso Rodrigo; Valdés Meza, Erick Ricardo; Universidad Santo Tomás Tunja
This research will focus on the detailed study of the essential and natural elements of the surrogacy contract as well as the minimum requirements for its execution, from the perspective of the General Principles of Contract Law; The entire process will be carried out through an analytical, theoretical and propositional legal investigation, the result of which will give the application parameters of the surrogacy contract, in order for it to be legally viable in the Colombian legal system. Considering the above, it is found that this thesis has the general objective of proposing guidelines for the regulation and application, within the Colombian legal system, of the gestation and surrogacy contract according to the general principles of law. For this, the following specific objectives are established: determine the scope of the concept of surrogate motherhood and the mechanisms for its materialization; establish in comparative perspective, the legal context of the surrogacy contract according to the general principles of law; characterize the current state of the regulatory framework regarding the surrogacy contract in Colombia according to the general principles of law and international agreements, and finally, propose guidelines for the regulation of the Surrogacy Contract in Colombia, in order to provide legal certainty to the contractual parties within the surrogacy contract. In the same way it is possible to affirm that the work is structured in five chapters; In the first chapter, it is made a conceptual precision of assisted human reproduction, the historical background of surrogacy, and its concept and determination. In the second chapter, it is made an analysis regarding the generalities of filiation, the relationship between the concept of filiation and surrogacy, the classes of filiation; Similarly, a difference is established between the concepts of maternity, filiation and surrogacy; contestation of maternity Vs surrogacy, generalities of filiation and adoption. In the third chapter, it is made an analysis of the comparative perspective of surrogacy in the countries of Mexico and the United States, while in the fourth chapter the current state of the regulatory framework of the surrogacy contract is analyzed according to the general principles international law and conventions. Finally, in the fifth chapter, the guidelines for the incorporation into the Colombian legal system of the Surrogacy Contract are presented. In conclusion, we establish the need for a legal regulation of the surrogacy contract, in response to scientific advances and the importance of the family, considering the reproductive health of people and the legal gaps that are evidenced. at the time of the execution of the contract, regarding the determination of affiliation.
Abuso del derecho en los procesos de reorganización empresarial en Colombia: Un análisis desde los principios del derecho concursal
(Universidad Santo Tomás, 2021-11-16) Cortes Vargas, Iván Javier; Maldonado, Marlon; Universidad Santo Tomás Tunja
The business insolvency regime in Colombia is regulated by Law 1116 of 2006 and is configured as a procedure that allows companies to fully reestablish themselves, when they go through critical financial situations, with the aim of improving their economic flow, avoiding at all costs that the crisis they are going through leads to bankruptcy; This regime was instituted in our country with the spirit of generating relief for businessmen in the face of volatile market fluctuations. The mechanisms provided for by this rule seek to prevent the decline of companies, encouraging their recovery and operation. It is natural to identify the parties that are immersed in a business reorganization process; On the one hand we have the debtors, who come in search of immediate but beneficial solutions for their assets and on the other hand, the creditors, who must submit to a procedure by rule of law that, although they do not ignore the existence of their rights , if it prevents the normal course of your right to collection, significantly affecting the normal course of your business. With the development of this article, I seek to analyze in the light of the fundamental rights of creditors, if there is a violation of them, when they are subjected to an insolvency process in favor of their debtors, since their mandatory link to the process It forces them to stagnation and uncertainty in the exercise of their collection.
La noción del orden público en el sentido del derecho internacional privado y la determinación judicial de su contenido en el sistema jurídico colombiano
(Universidad Santo Tomás, 2021-11-14) vargas barrera, eduardo richard; Ballesteros Beltrán, María Isabel; Universidad Santo Tomás
I. Notion of public order in the sense of international law I.I Notion and difference with mandatory norms in private international law. I.II. Budgets, uses and characteristics. II. Treatment given by the Supreme Court of Justice. Current posture. II.I Review of the jurisprudence of the ordinary jurisdiction since 1991. II.II Analysis of the current position (providence no. 8453 of 2016). III. Theoretical Parameters to achieve verification concept of public order. III.I Need for determination. III.II Parameters for determining the content. IV. conclusions
Régimen de insolvencia para personas naturales no comerciantes, borrón y cuenta nueva
(Universidad Santo Tomás, 2022-02-01) Bayona Albarracín, Lisana Teresa; Osorio, Gloria Isabel; Universidad Santo Tomás
analysis on the insolvency for non-trader natural persons, who have passed of, being totally unprotected by the law under the risk of losing all their assets to cover those debts that were responsible for exceeding their capacity of payment, to have the possibility to benefit from a regime that opens the door to a total renegotiation of the debts generated in the course of its implementation, major legal uncertainties especially for creditors and turning the norm into a real clean slate for those who they do not wish to take care of their liabilities.
Inteligencia artificial, una aproximación al tema como herramienta de desarrollo del uso de la tecnología en el derecho privado
(Universidad Santo Tomás, 2021-12-02) Niño Rojas, Jenni Paola; Osorio, Gloria; Universidad Santo Tomás
In recent years at the international level there has been a boom in the use of technological means in different aspects of the daily life of citizens, commercial and financial aspects, access to information among others, that is why the right, despite that by tradition it is purely documentary has introduced in its normative set to satisfy this need for updating and evolution. For the Colombian case, it is not a properly new issue that has been introduced from one day to the next, on the contrary, it is plausible to observe how the evolution of the laws has tried to provide solutions through technological means to the problem of backlog and judicial congestion, thereby seeking that the judicial processes are increasingly effective and efficient, therefore the use of technology cannot be alien at present, in this way norms such as Law 270 of 1996 can be revised in which article 95 mentions the The fact that it is necessary to "implement technology in the administration of justice", for its part, Law 1395 of 2010, a law known as judicial decongestion, introduces the possibility of using technological means in matters of notification as well as in the application of techniques of investigation, needless to say of the General Code of the Process, Law 1564 of 2012 norm that in its article 103, establishes that “in all judicial actions you must the use of information and communication technologies in the management and processing of judicial processes, in order to facilitate and expedite access to justice, as well as expand its coverage. "Last and not least, there is Legislative Decree 806 of June 4, 2020, which on the occasion of the declaration of a state of economic emergency, determined the implementation in all judicial actions of information and communication technologies , known by its acronym TIC, which, although it had already been regulated in Colombian procedural codes, on the occasion of the pandemic, it was necessary to accelerate its execution. Therefore, the adoption of information and communication technologies has been materializing not only through the use of equipment, computer programs, networks or technological means, which have facilitated the processing, transformation and storage of information either through images, videos, texts, data messages or simply voices, since an issue that has been potentiated as a mechanism for the development of these technologies and effective application for the search for speed of processes has been the inclusion of Artificial Intelligence, which must be understood as the ability of a computer and / or equipment to solve complex problems, through the use of algorithms this concept applied to law, especially private procedural law, can allow obtaining a more effective legal reasoning, since it facilitates analysis statistics, and correlate doctrines, jurisprudence and laws that would allow the judge to give celerity to the processes in that with the support of these analyzes it could carry out an assessment taking into account general variables from which it can start, which would accelerate the making of its decisions for its rulings and with it the effectiveness of access to justice.
El principio de buena fe en la insolvencia de “persona natural no comerciante” una visión desde la ley 1564 de 2012
(Universidad Santo Tomás, 2021-12-12) Cárdenas Avila, Henry; Galvis Macías, Iván Humberto; Universidad Santo Tomás
Law 1564 of 2012, named as the General Code of the Process, in its Title IV allows the non-trading natural person sumbit to the insolvency regime, which can purify his debts while maintaining the possibility of continuing with his assets or as last resort, deliver his assets as part of payment, converting his liablities into natural obligations, thus, cleaning up his economic and credit situation. The purpose of this article is to analyze the law 1564 of 2012 called General Code of the Process in its title IV corresponding to the insolvency of non-trading natural persons; a descriptive methodology with documentary review technique was used. It is concluded that the information supplied by the debtor, in addition to the legal precepts, must adjust to the principle of good faith, which acts before third parties and the conciliator; who serves as mediator in the insolvency stage, allowing people to opt for the "insolvency law", beside other causes, and thus, overcome the period of recession we are going through due to the global pandemic caused by the SARS-CoV-2 virus, reiterating the debtor responsibility of act with transparency, which results in an effective and favorable solution for those who are involved.
Preocupaciones, Beneficios y Análisis Comparativo de la Criptomoneda en los Sistemas Jurídicos
(Universidad Santo Tomás, 2022-01-24) Campo Molina, Nefer Antonio; Ballesteros Beltran, María Isabel; Universidad Santo Tomas
Cryptocurrencies, as well as their relationship with technology, possible risks and the current regulation in the Colombian legal system have been of special relevance for the study of Colombian jurists, economists, scholars in administrative sciences, accountants, etc. This writing does not intend to delegitimize any of the processes or ideals of the new generations in relation to the cryptocurrency market, but on the contrary, it seeks to identify the legal regulation in its trade and technology; Although it is true that it is a market that is constantly on the rise and aims to seek or be a solution to many market problems, it can also be seen from another perspective as a risk for anyone who wishes to invest capital in the cryptocurrency market. The markets and investment in different businesses are no exception to the risk or level of risk in which a person may be immersed. That is why all generations must thoroughly analyze the different risks that can be faced in the dizzying and growing world of the cryptocurrency market. More than twelve years have passed since Satoshi Nakamoto launched Block chain technology and with it the cryptocurrency market; There are more than nine thousand cryptocurrencies that currently circulate in the market and the reality is that they continue to grow at an overwhelming rate and with it the appearance of new risks.

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