Abuso del derecho en los procesos de reorganización empresarial en Colombia: Un análisis desde los principios del derecho concursal

Abstract

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.