Abstract

TALERO CASTRO, Diana Lucía  and  WILCHES DURAN, Rafael E. JUDICIAL VALIDATION OF PRIVATE RESTRUCTURING AGREEMENTS. AN EXAMPLE OF "PRIVATIZATION" OF THE INSOLVENCY LAW IN COLOMBIA. Vniversitas [online]. 2010, n.120, pp.271-306. ISSN 0041-9060.

Article 84 of Law 1116 of 2006 (Colombian insolvency regime) created in Colombian law the possibility to turn into mandatory for all the creditors of an insolvent debtor the private agreement made between the majority of those creditors and the debtor. This is a completely new institution in Colombian law and turns into an example of what has been called the "privatization" of insolvency law. This article studies the institution of judicial recognition of private agreements in Colombia, in order to comprehend its implications for Colombian insolvency law.

Keywords : insolvency; reorganization agreements; private agreements; judicial recognition; private autonomy; insolvency law; Corporate Reorganizations; Bankruptcy; Commercial law.

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