Examinando por Materia "Patrimonio autónomo"
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Publicación El rol del vehículo de propósito especial (SPV) en los proyectos de inversión.(Universidad EAFIT, 2019) Mejía Atehortúa, Johanna Milena; Pájaro León, Diana Marcela; Vergara Garavito, Judith CeciliaFor the development of financial projects in Colombia, it is necessary to use a special purpose vehicle (SPV) that operates as a legal entity in charge of the administration of the project, in order to guarantee the development of the operation, the payments of the Financing through the cash flows generated there, ensuring that the resources are used properly so that the project complies with the contractual standards established. There are two instruments to constitute an SPV, the first one, is through a commercial company and the second is to constitute a commercial fiduciary that operates under the figure of an autonomous patrimony, being the second one that more favors the project, to the partners and Financiers since it manages the goods and resources, it controls the cash flows of the transaction to guarantee the opportunity in the payments and guarantees of the credits.Publicación La insolvencia empresarial y su impacto en los fideicomisos inmobiliarios : un estudio de la legislación en el marco del derecho colombiano(Universidad EAFIT, 2025) Lopera López, David; Gaviria Gil, Juan AntonioThis research critically examines the interaction between the corporate insolvency regime and real estate trusts in Colombia, aiming to identify regulatory gaps and propose harmonization measures to strengthen legal certainty in the market. The study explores the evolution of Colombian insolvency law, from its punitive origins to the consolidation of Law 1116 of 2006, which introduced reorganization as the primary mechanism to preserve viable companies. In parallel, it analyzes the consolidation of real estate trusts as an essential instrument for financing and executing construction projects, characterized by the creation of autonomous estates and asset separation, which foster confidence among investors and buyers. The research highlights the central tension between the principle of insolvency universality and fiduciary patrimonial autonomy, a conflict that has been addressed unevenly by the jurisprudence of the Supreme Court of Justice, the Constitutional Court, and the Superintendency of Companies. Using a qualitative approach based on normative, jurisprudential, and doctrinal analysis, complemented by comparative law elements, the study seeks to determine to what extent the assets subject to trust should or should not be included in the insolvency estate, and how to reconcile the protection of insolvency creditors with the rights of fiduciary beneficiaries. The findings allow the proposal of guidelines and normative alternatives that contribute to balancing conflicting interests and reinforcing confidence in the Colombian financial and real estate system.Publicación Viabilidad de la fiducia mercantil ante la apertura de procesos concursales cuyo titular sea el constituyente(Universidad EAFIT, 2021) Rendón Correa, Ana María; Prieto Quintero, Eugenio David Andrés¿What legal consequences does an eventual bankruptcy process have for a Trust Agreement; specifically, for the assets convey by the settlor for the benefit of a beneficiary and/or creditor?, ¿should the commercial trust agreement continue its performance and execution or, conversely, as the “Superintendencia de Sociedades” and Law 1116 of 2006 have proposed, the contract effects should be suspended and the assets return to the debtor's equity and become part of the assets on which the bankruptcy process would be carried out? Trusts are a very important and widely-used feature of modern law, due to the current dynamism of business and the advantages of trusts in terms of securitization, flexibility and agility that offers to the parties, as opposed to the traditional alternatives to ensure financial and commercial transactions such as pledges or mortgages. The issue addressed in this document interface different entities and regulations, because there is no clarity of the effects of the trust agreement and the interest pursued by both the settlor and the creditor or beneficiary no mater it’s qualifications. The purpose of the paper is to analyze the regulations, jurisprudence and doctrine relevant to the trust agreement and the effects that the parties seek, the functionality in the field of business and the current legal context; as well as the impact of the application of some concepts issued by the local authorities, which state that before the settlement of a bankruptcy process of the settlor the right of a beneficiary or secured creditor in a trust agreement will be the same as that of the pledgee or the mortgage creditor (depending on the nature of the trust property), without analyzing in depth the characteristics of each legal feature and the implications of affirming that they will be treated in the same way when their nature is different.