Abstract

PETRO GONZALEZ, Ingrid Regina; PULGARIN OSORIO, Sebastian  and  ZAMORA SANCHEZ, Carlos. The enforceability of natural obligations in the payment process regulated in the general code of the process. Justicia [online]. 2019, n.35, pp.244-262. ISSN 0124-7441.  https://doi.org/10.17081/just.24.35.3402.

The present investigation revolves around establishing the limits and scope of the payment process with a natural obligation, as well as determining the practical application in relation to the possibility of favorable claims in a payment process of a natural obligation that was civil; considering factual situations in the payment process that are not contemplated in article 419 of the General Code of the Process with already prescribed securities, in the same way the prescription of an obligation in money of 15 years ago that never had a document and its possibility of presenting the payment process. For this the methodology applied in this research work is the observation, from the approach of specific cases against the payment process. All this to be able to conclude that this figure can not be conditioned or subject to a term, because then it is clear and in view of the fact that the regulations do not prohibit the possibility of presenting the payment process of a natural obligation that has been converted by the over time, the judge can accept a claim of a payment process against a natural obligation that has been converted by prescription, as another judge can easily deny.

Keywords : Natural obligation; payment process; prescription; executive title; obligation due.

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