El Derecho Concursal Colombiano a la luz de la Constitución
Even when the origins of the colombian statute 1116/2006 can be found in numerous sources it must be acknowledged the significant influence caused by Public Law. The new insolvency regime brought by this recent law takes into account several pointers set by the Constitutional Court in its awards, e...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2008
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3627199 |
| Source: | Revista e-mercatoria, ISSN 1692-3960, null 7, Nº. 2, 2008, pags. 1-53 |
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| Summary: |
Even when the origins of the colombian statute 1116/2006 can be found in numerous sources it must be acknowledged the significant influence caused by Public Law.
The new insolvency regime brought by this recent law takes into account several pointers set by the Constitutional Court in its awards, especially in cases where the so called fundamental rights were involved.
To this end, a first part of this essay is directed to the recognition of signs of constitutionalization of this branch of the law. Subsequently we will illustrate the reader with some interpretation methods that need to be applied to insolvency law according to the Constitution. Then we intend to enlist some interesting features of the jurisprudential lines of the Colombian Constitutional Court with regard of insolvency proceedings. Finally we will give some ideas about the regime consecrated in the insolvency regimen of Law 1116/2006, in particular, about the liberty of the legislator to design mechanisms to solve economic crisis and in general some other constitutional issues of this law. |
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