Análisis del principio de la buena fe en el proceso de insolvencia de persona natural no comerciante

Abstract

The insolvency law in the Colombian context as opposed to the non-merchant natural person is a figure that is integrated into our legal system influenced by the bankruptcy process of creditors of the Spanish economic law established in Law 22 of 2003 as a result of the search to advocate the guarantees and the exercise of our rights promoted in our political charter, such as the right to equality; as one of the fundamental pillars of the insolvency law; on parity whether or not they are merchants, framed in the letter in article 13; Based on this, the gap was opened to allow this type of "non-merchant natural" persons in a state of insolvency (debtor, co-debtor or guarantor) to negotiate their debts through a procedure in which an agreement is reached; in front of your creditors; in a bankruptcy process, the person who is in an insolvent economic state which must comply with certain budgets in order to access this aid. The work of degree denotes the transversality of insolvency, the right as a legal institution which, as the historical continuum has been developing in the branches of civil, insolvency, commercial, and procedural law. In Colombia influenced by normative matters by foreign countries, as a result of several attempts to incorporate the natural person and that was an economic right not only exercised by the merchants but by people who did not have nor were immersed in any commercial activity arises the insolvency law as a mechanism for the Colombian when it is in default and 2 or more obligations in default for more than ninety days can be covered by the insolvency law through a debt negotiation agreement with its creditors.