Abstract

MORGESTEIN SANCHEZ, Wilson Iván. The Par Condicio Creditorum in Colombian bankruptcy jurisprudence. Principle or rulé Analysis of two orders of the Superintendence of Companies. Rev. repub. [online]. 2022, n.33, pp.113-136.  Epub Feb 25, 2023. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2022.v33.a130.

Through the present work, it will be studied if in Colombian bankruptcy jurisprudence the par condicio creditorum has received the treatment of principle or rather of rule. Thus, we will begin by reviewing the concepts of «principle» and «rule» in Robert Alexy's theory of legal argumentation. Then, after having studied the notion, purpose and historical evolution of the Bankruptcy Law, an exposition will be made of the different solutions that historically have been offered to the problem that arises when more than one creditor has more than one creditor on the patrimony of the same debtor, so as to approach the notion of par condicio creditorum, and be able to determine whether it, in the recent jurisprudence of the Superintendency of Companies, has received the treatment of principle or rule and the consequences of such a conclusion.

Keywords : Par Condicio Creditorum; Bankruptcy Law; principles; rules; Superintendence of Companies.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )