La Autonomía de la Voluntad Privada en los Procesos de Reorganización Empresarial Colombiano

Abstract

This research result article aims to analyze those implications that arise from the limits to the autonomy of the will between individuals understood as a general principle, to mutual commercial contracts within processes carried out for business reorganization. By virtue of a whole series of benefits that bankruptcy processes grant to the insolvent, such as the impossibility of decreeing the unilateral termination of contracts. Such contracts arising from a private legal business present a limitation to their spirit and clauses, when one of the parties is admitted into a process for the reorganization of a company.

In Colombia, the process mentioned above, in its search to strictly safeguard the solvency of the company, concomitantly affects other interests of both natural and legal persons, when one of the parties is admitted to the process. Accordingly, the problem question arises: Is the freedom of people to establish agreements that regulate their legal relationships restricted within business reorganization processes?

To respond to this, this research is exploratory and follows a qualitative approach, with a critical hermeneutic paradigm. Therefore, the data collection techniques used correspond to the documentary review through databases such as Redalyc, Scielo, among others, and the information held by the Superintendence of Companies as bankruptcy judge who carries out the reorganization proceedings in the country.