Examinando por Materia "Abuso del derecho"

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    Ejercicio abusivo del derecho al voto : materialización e implicaciones probatorias
    (Universidad EAFIT, 2020) Quintero Gómez, Susana; Córdoba Giraldo, Juan Esteban; Posada Botero, José David
    As a result of the enactment of law 1258 of 2008, several innovations were introduced to the Colombian legal system, specifically in corporate law. Among those incorporations there is a new type of partnership called Joint Stock Company, as well as a new legal figure known as the abuse of the right to vote. However, this new figure was not adequately demarcated nor a proper application procedure was established. Thus, the most important requirements and criteria for its materialization have been recognized through precedent case law by the Superintendencia de Sociedades, in the fulfilment of its jurisdictional functions. For the effective declaration of an abuse of the right to vote, the aforementioned entity has established a high burden of proof which is usually satisfied through circumstantial evidence and thus shareholders face multiple obstacles to achieve its effective declaration. The present undergraduate work aims to highlight the key points that any shareholder interested in applying the abuse of the right to vote figure must consider regarding the evidence needed for the case. This process included the study of the legislation related to the abuse of the right to vote, specifically, through the analysis of multiple decisions the Superintendencia de Sociedades has taken; which will illustrate the requisites to bestow a favorable ruling to the interested shareholder.
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    Importancia y desarrollo de la cláusula general antiabuso en Colombia
    (Universidad EAFIT, 2018) Zuluaga Pulgarín, Juan Diego; Ruiz Uribe, Sandra Milena
    As a result of the current economic situation in the global environment, the effectiveness in tax collection is becoming increasingly important to the treasury. However, tax collection is highly affected by the rates of tax evasion and tax avoidance, which constitute some of the greatest problems for the development of any country. Colombia has been forced to strengthen its legal system with the best 5 tools to combat this problem. Therefore, the first general anti-abuse clause was introduced in the intern legislation by Law 1607 of 2012. This work proposes a brief analysis on the relevance of the general anti-abuse clause in the current economic environment, its efficiency and usefulness as a tool to fight against tax avoidance, and finally, the evolution and implementation that has had in our legal system.
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    La negociación colectiva por rama : propuestas para que integre y mejore las relaciones colectivas del trabajo
    (Universidad EAFIT, 2023) Pérez Casallas, Jorge Enrique; Valencia González, Juliana
    Collective bargaining at a higher level as a company is a non-explored scenario in Colombia; however, this could change, not only because the National Government presented two labor reform projects in 2023 that promote branch bargaining, but also because this is a consolidated and growing modality in a significant number of countries around the world. However, the adoption of new legislation on collective labor law cannot overlook the current problems that it is currently facing, thanks to what has been called abuse of the right to union association. In this sense, it is essential that if a new form of bargaining is promoted, it does not imply that the problems that bargaining already suffers are transferred to the company level, much less that they are maximized. This article will analyze bargaining at a higher level than the company level, its background and how it works in other countries. In turn, some proposals will be put forward to ensure that if the executive's interest in promoting bargaining at a higher level is maintained, the current serious problems of company-level bargaining will not be replicated.
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