Abstract

LOPEZ LEGUIZAMON, Héctor Alexánder  and  MORCOTE GONZALEZ, Olga Sofía. The colombian payment procedure. The stellar process general code of procedure. Justicia [online]. 2020, vol.25, n.38, pp.25-34.  Epub Oct 01, 2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4172.

The objective of this article was to determine the antecedents and relevant procedural aspects of the order for payment procedure, as well as to analyze the importance of the implementation in Colombia of this procedural figure through the General Process Code. This process emerges as an instrument to effectively protect the credit right when there is no executive title that supports the obligation in money of contractual origin, which will allow the citizen to be closer to the administration of justice and their access to same under the pillars of effective judicial protection and due process of reasonable duration. It is important to note as a conclusion that the order for payment procedure is a procedural figure of European origin that emerged with the purpose of materializing the collection of a debt or pecuniary obligation under the precept of the universal principles of effective judicial protection and access to justice, aspects that find their normative support in article 2 of the General Process Code (CGP). The investigation allowed to conclude that the purpose of this instrument is aimed at creating or perfecting an executive title, it can end with an auto if the debtor recognizes and pays the debt or with a sentence if there is silence on the part of the defendant, being a guarantee that offers the defense, contradiction and due process rights, which are protected through the payment request that the knowledge judge personally notifies the debtor, with the power to accept, oppose or remain silent.

Keywords : effective judicial protection; enforceable due process; General Code of Procedure; payment procedure.

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