El Proceso Monitorio En Colombia: Desarrollo Juridico, Analisis Comparado, Y El Impacto Procedimental Frente A Las Tecnologias Emergentes

Abstract

In Colombia, with the entry into force of Law 1564 of 2012, known as the “General Code of Procedure” (CGP), an innovative process was introduced at that time for the national territory. This new approach sought to provide an opportunity for those who had established a business or contract and, for various reasons, faced difficulties in complying with or executing it, especially in the case of loans or commercial transactions that required the collection of obligations without enforceable guarantees, such as invoices, settlement agreements, or other documents considered valuable assets or enforceable. The payment order procedure has been developing for more than 10 years in Colombian litigation. In this context, it is pertinent to describe the legislative form adopted for the national procedure since the entry into force of the General Code of Procedure, in comparison with international legislation that has been implementing it for decades, analyzing its regulatory and jurisprudential components. Therefore, four fundamental points are addressed in this paper. First, a historical description of the background of the monitoring process is provided, giving a brief account of its origins, followed by an indication of its procedural application in the Spanish and Colombian legal systems to visualize the purpose of this process. Next, a jurisprudential analysis of the implementation and substantive and procedural evolution of the monitoring process is carried out, comparing the experiences of Colombia and Spain as a way of guaranteeing access to justice and effective judicial protection. Finally, an analysis is made of disruptive media and digital transformation in Colombian legislation, emphasizing the implementation of technologies through Decree 806 of 2020 and Law 2213 of 2022.