Examinando por Materia "Universalidad de la insolvencia"

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    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 Antonio
    This 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.