Abstract

RODRIGUEZ MEJIA, Marcela. The friendly composition: the character of the decision, its challenge and execution. Justicia [online]. 2019, vol.24, n.36, pp.226-236. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3767.

The objective of this research article is to answer the research question of whether the friendly composition, as it is currently regulated in the Arbitration Statute, is an efficient mechanism to resolve disputes. With that goal in mind, three issues are studied and analyzed: what is the nature of the decision issued by a friendly composer; how that decision is executed and with what mechanisms of contradiction it can be attacked. To solve these questions, and using the hermeneutical method - always critically - the three norms of Law 1563 of 2012 that regulate the friendly composition, and the provisions of the Civil Code that do the same with the transaction are studied and interpreted; first individually, and then, due to the similarity that the first of these rules makes to the transaction, in a comparative way.

Keywords : friendly composition; transaction; execution; res judicata.

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