Examinando por Materia "Proceso ejecutivo"

Mostrando 1 - 3 de 3
  • No hay miniatura disponible
    Publicación
    Mérito ejecutivo de la póliza de seguros. ¿Una verdadera protección al consumidor financiero?
    (Universidad EAFIT, 2025) Guerra Hernández, Pablo José; Rodríguez Rodríguez, Diego; Mejía Rico, Esteban
    In today's commercial landscape, particularly in the financial sector, consumers constantly interact with various entities like banks and insurers. This widespread interaction can create power imbalances, leading to potentially abusive practices that leave financial consumers vulnerable. Therefore, a robust regulatory framework is crucial to safeguard their rights. This research focuses on numeral 3 of Article 1053 of the Colombian Commercial Code. This regulation was designed to empower policyholders or beneficiaries, allowing them to initiate executive proceedings if the insurer fails to object to their claim in a timely manner. Essentially, the policy acquires executive merit (or enforceability), transforming a dispute that would typically require a declarative judgment into a direct collection process. However, this seemingly protective measure sparks critical discussion. While the intent is positive, the legal consequences of this provision could, paradoxically, further disadvantage the consumer. If the tool fails to achieve its objective, the consumer's options for protection would be limited. To analyze this, the research will explore the rationale behind structuring executive action as a consumer protection mechanism. It will then define the executive merit of an insurance policy and its implications. Key components of the claim process against an insurer will be examined to understand what the regulation truly covers and what is needed for the factual scenario to lead to the expected legal outcome. Given that the regulation authorizes the claimant to pursue executive proceedings, this type of process and its underlying philosophy will be thoroughly analyzed from the financial consumer's perspective. Its requirements and elements will be reviewed to determine if there is a harmonious relationship between executive proceedings and this consumer protection tool. In summary, the regulation dictates that if an insurer fails to respond to a claim within one month, the policy gains executive merit. Finally, the research will explore the practical difficulties this situation presents for all involved parties (claimants, insurers, and judges), ultimately assessing whether this provision truly fulfills its purpose of protecting financial consumer rights.
  • No hay miniatura disponible
    Ítem
    Proceso de ASC - INTELIGENCIA ARTIFICIAL: NUEVAS TENDENCIAS EN EL DERECHO PROCESAL
    (Universidad EAFIT, 2020) Hurtado Aristizábal, Andrés; Gómez Franco, Carmen; Trujillo Montoya, Carolina; Uribe, Juan Rafael; Lotero Aguirre, Juan Sebastián; Zuluaga Mejía, Ricardo; Londoño Henao, Carolina; Jaramillo Restrepo, Juan Pablo; Vélez, Ana Isabel; Cortés Sánchez, Carolina; Posada Ríos, Manuela; Castaño Marín, Alejandro; Posada Botero, José David; Universidad EAFIT
    The following study was conducted with the objective of evaluating the application of artificial intelligence in the judicial process, aiming to find a tool that could contribute to reducing congestion in the administration of justice. This led to the identification that a significant percentage of the cases handled by civil judges are executive processes. Therefore, it is proposed that some stages of these processes could be developed through artificial intelligence, particularly through the automation of certain phases.
  • No hay miniatura disponible
    Ítem