Fiducia mercantil inmobiliaria

Abstract

The use of the International Figure of Property Trust Law encouraged the development of real estate construction projects in Colombia, as it is a strategy of capitalization of big construction companies with the massive collection of resources from the public, with no legal guarantees of protection for the latter, due to the fact that in Colombia the sale of area profits does not have the category of value. Trusting adherents without complete information and a weak or non-existent financial training, give their capital without knowing the risks associated with their investments. The non-performance of the builders, the low profitability, the devaluation, are circumstances that the small investors who pay the FIDIS dues must assume.

In this way, through the qualitative methodology a document review and analysis was made, and it was determined that the area benefit rights actually have the characteristics of a value even if it is not so recognized by the Financial Superintendence of Colombia and therefore, the right to information of the financial consumer unknown or violated at the time of purchasing FIDIS, must be associated with the special right of advice given to investors, since the adherent is a true investor who deposits his assets in many cases without enough information, without relevant professional advice in financial decision-making, assuming a high level of risk. The special right of advice must be part of the adhesion contract in the acquisition of real estate benefits as a State duty to protect the property of citizens.