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Browsing by Author "Florez Gutierrez, Julio Cesar"

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    Alcance del principio de eficiencia en la insolvencia dentro del marco de la conciliación
    (Universidad Santiago de Cali, 2023) Florez Gutierrez, Julio Cesar; Benavides, Guillermo Alejandro
    The purpose of this paper is to analyze the scope of the efficiency principle in insolvency within the framework of conciliation, Law 1564 of the General Code of Procedure, in order to determine its execution and speed when developing and finalizing an insolvency conciliation. Article 4 of Law 1116 of 2006 defines the efficiency principle as follows: "Use of existing resources and their best management, based on available information." That said, in the consumer market, there are several ways in which agents (Legal or Natural) can present over-indebtedness, this also due to other external factors that are involved, among the most common that occur are; Credit Card, Mortgage Credit, Auto Credit, Personal Credit, among others, added to the fact that today cross-border marketing is presented, which promotes buying and selling abroad. Based on the above, the current economic insolvency law aims to allow the debtor (Non-Trading Natural Person) who finds himself in a serious economic situation to be able to pay his obligations, to have the ability to negotiate his debts with creditors in this way being able to find a solution to said problem and be able to heal his economic state.

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