La oposición eficaz: Análisis basado en el proceso monitorio del Código General del Proceso
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 arising with creditors when they lack an enforceable title. Thus, the legal system seeks to ensure effective protection of credit by ensuring a speedy and...
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Main Authors: | , |
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Format: | Article |
Language: | Spanish |
Published: |
2016
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5575907 |
Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 30, 2016 |
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Summary: |
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 arising with creditors when they lack an enforceable 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 merelyrefers 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 Procedural Law. |
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