Abstract

CORCHUELO URIBE, Daniela  and  LEON GIL, Mónica Alejandra. Effective Opposition: An Analysis based on the Procedure for the Order for Payment under General Procedural Law. Rev. Derecho Privado [online]. 2016, n.30, pp.339-369. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n30.11.

The procedure for the order for payment is a new tool in colombian legislation that stands as the most effective way of solving certain disputes ari-sing with creditors when they lack an enfforceable title. Thus, the legal system seeks to ensure effective protection of credit by ensuring a speedy and efficient administration of justice. The essential feature of this procedural institution is the overcoming of the burden of proof. Here, the debtor (the defendant) states the reasons why it considers it has no duty. However, the legislature merely refers to an empty concept as it does not determine the scope of the duty or its foundation. This study seeks provide the interpreters of the law with tools to allow them to understand the opposition according to the principles of Proce-dural Law.

Keywords : Procedure for the Order for Payment; founded opposition; reasoned opposition; preliminary assessment; subsequent assessment; preliminary objections; right to defense; celerity; procedural loyalty; efficiency.

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