La seguridad jurídica en la insolvencia transfronteriza en Colombia.

Abstract

The investigation sought to determine how the principle of legal security is affected by the cross-border Insolvency in Colombia, regulated in Law 1116 of 2006 and the CNUDMI model law. To do this, the methodological design uses a qualitative approach and the positivist paradigm, taking into account the pronouncements of the Constitutional Court, the Superintendency of Societies, and the National Institute for the Defense of Competition and Intellectual Property, as well as the documentary technique, when studying texts of a historical, descriptive, analytical and deductive type, on the subject from the analysis of cases of cross-border insolvency in Colombia and Peru, to answer the research question ¿How is affected the principle of legal security in Colombia, about cross-border Insolvency, based on the application of Law 1116 of 2006 and the CNUDMI model law?

Regarding the results, the study described the historical development of the cross-border insolvency institution in Latin America and the contributions of the model law to Colombian legislation, highlighting the development of laws that have been created long ago to solve this phenomenon. On the other hand, the mechanisms embraced by Colombia to regulate cross-border Insolvency were analyzed, within which two processes stand out, that of reorganization and that of judicial liquidation.

Finally, the causes that put legal security at risk with cross-border Insolvency derived from the application of Law 1116 of 2006 and the model law were identified, among which acts of corruption, legal insecurity, and uncertainty stand out tax, it is established that the adoption of this regime is to determine you for the reduction of the risk rate for foreign investors and local creditors since it provides legal certainty in what the business insolvency process represents for the states that have welcomed it within its internal law.