El Abuso del Legítimo Tenedor de Títulos Valores en Blanco un Estudio desde el Caso Colombiano

Abstract

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.