Insolvency Regime of a Non-Merchant Natural Person and Abuse of Rights. A Special Reference to a Judgment of the Cali Appeals Court El régimen de insolvencia de la persona natural no comerciante y el abuso del derecho. A propósito de una sentencia del Tribunal Superior de Cali

Abstract

The purpose of this work is to establish the reasons, both legal and socioeconomic, that dictate and define the rules that make up the insolvency regime of the non-merchant natural person, in order to establish some of the events in which, truly, the bankrupt debtor would be doing an abusive exercise of the rights enshrined in the General Code of Procedure in favor of the natural person who does not professionally practice the business. To resolve the above question, it will begin by reviewing the rationale for a bankruptcy regime for non-merchant natural persons. Then, there will be a presentation of the general aspects of the Colombian insolvency regime for the natural person who does not practice business professionally, and of the fundamental postulates of the doctrine of abuse of the right in the matter of insolvency proceedings, to end with a critical analysis of a judgment of guardianship issued by the ordinary civil jurisdiction.