El principio de buena fe en la insolvencia de “persona natural no comerciante” una visión desde la ley 1564 de 2012

Abstract

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.