Revista e-mercatoria https://revistas.uexternado.edu.co/index.php/emerca <div class="flex-shrink-0 flex flex-col relative items-end"> <div class="pt-0"> <div class="gizmo-bot-avatar flex h-8 w-8 items-center justify-center overflow-hidden rounded-full"> <div class="relative p-1 rounded-sm flex items-center justify-center bg-token-main-surface-primary text-token-text-primary h-8 w-8"> <p>E-Mercatoria (ISSN: 1692-3960) is a pioneering electronic journal that focuses on significant commercial law issues from an academic standpoint. Published twice a year, the journal serves as a platform for sharing research findings with both national and international academic audiences, as well as legal practitioners.</p> <p><strong>Objectives:</strong></p> <ol> <li>To provide a high-quality electronic journal that adheres to rigorous academic standards.</li> <li>To facilitate swift and widespread publication with an international perspective.</li> <li>To encourage scholarly research and foster constructive debate.</li> <li>To promote academic collaboration with other journals and specialized institutions.</li> </ol> <p>Published articles will be distributed electronically to several databases and indexing systems, ensuring broad dissemination and accessibility. The journal is indexed in several prominent databases, including <em>Latindex, EBSCO, Cengage Learning, Latam-Studies, HeinOnline, V-Lex, ESCI, SSRN, Dialnet, Biblat, Clase, MIAR, and Open Journal System.</em></p> </div> </div> </div> </div> es-ES <p><a href="http://creativecommons.org/licenses/by-nc-sa/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by-nc-sa/4.0/88x31.png" alt="Licencia Creative Commons"></a><br>Esta obra está bajo una <a href="http://creativecommons.org/licenses/by-nc-sa/4.0/" rel="license">Licencia Creative Commons Atribución-NoComercial-CompartirIgual 4.0 Internacional</a>.</p> emercatoria@uexternado.edu.co (David R. Sotomonte Mújica) carolina.esguerra@uexternado.edu.co (Carolina Esguerra Roa) Thu, 03 Jul 2025 17:02:15 -0500 OJS 3.3.0.8 http://blogs.law.harvard.edu/tech/rss 60 Arbitration as an alternative dispute resolution mechanism for contractual disputes in micro, small, and medium-sized enterprises in Mexico https://revistas.uexternado.edu.co/index.php/emerca/article/view/10593 <p class="p1">Arbitration is presented as an efficient solution for the resolution of contractual disputes in micro, small and medium-sized enterprises (MSMEs) in Mexico. This alternative mechanism offers advantages such as greater speed, confidentiality and specialization of arbitrators, crucial for companies with limited resources. In addition, it allows the parties involved to avoid the costs and exhaustion involved in lengthy court litigation, providing a more flexible solution tailored to the specific needs of the sector. For MSMEs, arbitration also facilitates the international enforcement of awards, especially relevant in contracts with foreign companies. However, it is essential that these companies include arbitration clauses in their contracts and familiarize themselves with its application. Arbitration represents an accessible and effective alternative to improve the competitiveness of MSMEs in an increasingly dynamic and globalized economic environment.</p> Daniel Ramiro Coral Muñoz Copyright (c) 2025 Daniel Ramiro Coral Muñoz http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10593 Tue, 15 Jul 2025 00:00:00 -0500 Good practices on technology transfer regulations in emerging and developing countries: looking at the african and latin american context https://revistas.uexternado.edu.co/index.php/emerca/article/view/10598 <p class="p1" style="text-align: justify;">This article aims to explore good practices in technology transfer regulations in emerging and developing countries. Developing nations are undergoing a period of transition marked by geopolitical and economic instability. Rethinking technology transfer regulations is a key element in boosting the economy of the developing world. These countries not only need to attract the largest amount of foreign investment but must also focus on securing high-quality investments, especially in comparison to competitor countries. In this article, we will explore different approaches to technology transfer legislation with the objective of helping lawyers and policymakers understand recent advances in international trade and technology transfer law. Countries and legal professionals should integrate policy analysis and comparative analysis with neighboring countries to assess whether domestic legisation aligns effectively with national development programs. Technology transfer regulations in Egypt, Ghana, Costa Rica, Côte d’Ivoire, Colombia, and Namibia will be examined.</p> Juan Pablo Naranjo Vallejo Copyright (c) 2025 Juan Pablo Naranjo Vallejo http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10598 Tue, 15 Jul 2025 00:00:00 -0500 Movable guarantees on cryptoassets https://revistas.uexternado.edu.co/index.php/emerca/article/view/10599 <p class="p1" style="text-align: justify;">Colombia is the tenth country in the world ranking and the second in Latin America, after Venezuela, to carry out cryptocurrency operations for nearly 70,000 million in crypto assets per month. These figures attract the attention of various sectors and control entities at the local level, such as the Financial Superintendence of Colombia, the Superintendence of Companies and the Bank of the Republic, three entities that have sought to identify the legal nature that applies to them and to find the way in which cryptocurrencies would be integrated into our regulatory ecosystem. However, for now these entities have not anticipated regulating them and, as far as the Congress of the Republic is concerned, the bills presented on cryptoassets have not completed their legislative process, the most recent being the project identified under the number 267 of 2022. Therefore, to date the objective of enacting a law that regulates this matter in the Colombian legal system has not been met. The concepts of the Financial Superintendency and the Bank of the Republic have been concerned with containing the incentives of the financial and consumer sector to the use of cryptoassets, limiting financial entities to having investments in them and users, sending them a clear message that their use is at their own risk and expense. For these two corporations, cryptoassets are not legal tender, they are not authorized by the sovereign state and they are not currencies either. Therefore, and in the face of these circumstances, cryptoassets cannot be a payment mechanism, nor are they considered a value in the terms of a stock market. For its part, the Technical Council of Public Accounting has contribued to the analysis of this figure to such an extent that it has defined it as an asset of a digital nature. In the same sense, the Directorate of National Taxes and Customs - DIAN, was in charge of analyzing them and made an approach from the tax point of view, conceptualizing that the operations of cryptoassets can be part of the assets and susceptible to presumptive income. These last two positions have helped the Superintendence of Companies, theFinancial Superintendency and the Bank of the Republic to integrate them into their concepts. Thus, it can be stated that there is a common criterion among Colombian government entities that cryptoassets are a digital asset and are not legal tender, they are not securities, nor are they currency. Taking as a starting point that criterion common to all, that is, being an asset, this research proposes to study whether cryptoassets can be considered as a security interest in accordance with Colombian regulation.</p> Nina Johanna Cifuentes Flórez Copyright (c) 2025 Nina Johanna Cifuentes Flórez http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10599 Tue, 15 Jul 2025 00:00:00 -0500 The fundamental principles of automated contracting applicable to the use of automated systems in insurance contracts https://revistas.uexternado.edu.co/index.php/emerca/article/view/10600 <p class="p1" style="text-align: justify;">Automation is being able to generate in the insurance industry, as in so many other industries, a positive impact in terms of streamlining and simplifying tasks and processes. As a groundbreaking technology, it can be used in datav analysis and processing, insurance policy underwriting, risk assessment and prediction, fraud detection and claim processing, as well as in customer service and consultation, advice and recommendations to insurance users. Automation generates expectations, because of the improvement in corporate efficiency and cost reduction. It also generates concern because of possible risks in the form of failures or biases. In the face of concern, regulation is rising. A regulatory framework has been generated by the United Nations Commission on International Trade Law (UNCITRAL) through the“Model Law on Automated Contracting”. These provisions, along with their “fundamental principles”, can guide both legal practitioners and commercial operators who make use of automated systems for their commercial activity, also in the insurance secto.</p> Marta Garcia Mandaloniz Copyright (c) 2025 Martha Garcia Mandaloniz http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10600 Tue, 15 Jul 2025 00:00:00 -0500 Importance of accessory benefits in microenterprises with little capital https://revistas.uexternado.edu.co/index.php/emerca/article/view/10601 <p class="p1">It has been identified that most companies are established in Colombia with meager capital. In some cases, the scarce capital is supplemented by spontaneous contributions that do not go to capital, nor are they assigned a statutory remuneration; therefore, they do not participate in the valuation of assets, reserves, or profits, which instead are distributed in proportion to the paid-in capital, thus creating free rider problems that imply imbalances and incubate intra-corporate conflicts that erupt when the company adapts and is competitive, slowing its growth. It is proposed to prevent these problemswith adequate statutory regulation.</p> Manuel Antonio Ballesteros Romero Copyright (c) 2025 Manuel Antonio Ballesteros Romero http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10601 Tue, 15 Jul 2025 00:00:00 -0500 The insolvency of the cooperative in the framework of the bankruptcy law: special reference to the law of cooperative societies of the Canary Islands https://revistas.uexternado.edu.co/index.php/emerca/article/view/10602 <p class="p1">Study dissects the insolvency of the cooperative in the specific framework of the Bankruptcy Law and the Law of Cooperative Societies of the Canary Islands, without losing sight of the reference regulatory text which is the Social Economy Law of the Canary Islands/2022. The visualization of the social economy of the Autonomous Community of the Canary Islands allows us to address the specific study in this matter and in accordance with the Statute of Autonomy of the Canary Islands that mandates its promotion and organization. It is also true that in the specific framework of the bankruptcy declaration, and therefore, the delimitation of the insolvency of the Canary Islands cooperative, the Bankruptcy Legislation and the state Cooperative Legislation allow a comparison of the current state of the matter</p> María del Pino Domínguez Cabrera Copyright (c) 2025 María del Pino Domínguez Cabrera http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10602 Tue, 15 Jul 2025 00:00:00 -0500 Contractual and non-contractual liability in the labyrinth of artificial intelligence: a colombian perspective https://revistas.uexternado.edu.co/index.php/emerca/article/view/10603 <p class="p1" style="text-align: justify;">Artificial Intelligence (AI) systems, particularly generative models and without human supervision, pose significant legal challenges. This situation arises from structural frameworks, and traditional theories of civil liability do not fully align with the new realities of how these systems operate. Consequently, identifying the responsible parties and determining appropriate compensation for affected individuals become more complex. Therefore, examining the current contractual and non-contractual liability models in the context of potential damage caused by AI systems is essential. The paper uses an analytical-synthetic method to introduce AI and analyze, under Colombian law the applicable civil liability regime.</p> Luisa Fernanda Jiménez Mahecha Copyright (c) 2025 Luisa Fernanda Jiménez Mahecha http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10603 Tue, 15 Jul 2025 00:00:00 -0500 Proprietary and economics aspects of the use of musical works and performances in generative artificial intelligence models: is a licensing scheme feasible under copyright and related rights law? https://revistas.uexternado.edu.co/index.php/emerca/article/view/10604 <p class="p1" style="text-align: justify;">This paper aims to study the impact of the economic content of copyright and related rights from both an axiological and practical perspective, without overlooking the foundation upon which these rights are recognized in favor of the human person. It takes as a starting point a dual analysis of the core institutions of copyright and the technical characteristics of current developments in disruptive technologies. Key topics include the legal aspects of making works available to the public, the practical exercise of the rights recognized for authors to ensure their enforcement, and the impact of generative artificial intelligence models, with a contextual focus on the music business. Finally, the paper examines potential licensing schemes that could offer solutions to the conflicts examined, adopting an approach based on the continental European legal system and seeking to provide elements that expand consensus and reduce the levels of uncertainty that characterize this challenging moment in history</p> Rodrigo Javier Gozalbez Copyright (c) 2025 Rodrigo Javier Gozalbez http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10604 Tue, 15 Jul 2025 00:00:00 -0500 The digital duty of care in the corporate governance in companies as corporate governance practice https://revistas.uexternado.edu.co/index.php/emerca/article/view/10605 <p class="p1" style="text-align: justify;">As new technologies emerge in pursuit efficient solutions for specific technical processes in Peruvian companies, new risks are also emerging: legal digital risks. These risks must be prevented, mitigated, and controlled by the management. According to Peruvian corporate law, the risk management is the responsibility of the board of directors and general management in case of corporations. To this end, administrators manage the company’s risks according to the parameters established by their duty of care. This duty of care relates to their roles of oversight and supervision of the company’s activities. However, the execution of this duty does not include, nor has it currently considered, the management of risks derived from the use of technology. In this context, this research aims to fill this gap from theoretical and practical legal perspectives: by adapting the traditional duty of care of directors and CEOs to a newly defined digital duty of care vision subcategory that considers the legal digital risks as part of new technological solutions. For this reason, we introduce the concept of the “digital duty of care”, which board of directors and management should adopt through an internal corporate policy on the use of technology and an appropriate risk prevention framework.</p> Gonzalo Gibaja Aucapuri, Edison Paul Tabra Ochoa Copyright (c) 2025 Gonzalo Gibaja Aucapuri, Edison Paul Tabra Ochoa http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10605 Tue, 15 Jul 2025 00:00:00 -0500 Challenges of the spanish experience with new technologies in capital companies https://revistas.uexternado.edu.co/index.php/emerca/article/view/10606 <p>&nbsp;</p> <p>The aim of this paper focuses on the analysis of the use of new technologies by the governing bodies of capital companies, based on the regulations of the Spanish Capital Companies Act. On the one hand, with regard to the general meeting, the constant encouragement of shareholder involvement and participation in the management of the company has led, to a large extent, to the possibility of exercising all political rights through the use of electronic means. Moreover, following the COVID-19 health crisis, the figure of an exclusively telematic meeting has been introduced. On the other hand, as far as the board of directors is concerned, the legal system obviates the use of new technologies in the functioning of this body. Although, in practice, some companies allow them in their organisation, we consider that this is an issue that should be more clearly regulated.</p> Cecilio Molina Hernández Copyright (c) 2025 CECILIO MOLINA HERNANDEZ http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10606 Tue, 15 Jul 2025 00:00:00 -0500 Bottomry loans and nautical usury: how maritime credit financed the spanish colonial trade (carrera de indias) while ignoring canonical restrictions (16th-19th centuries) https://revistas.uexternado.edu.co/index.php/emerca/article/view/10608 <p class="p1">Religious prohibitions on charging interest on money loans have been partly blamed for the underdevelopment of the credit market in pre-industrial societies. Usury was condemned since Antiquity, and this practice was reproached by the Catholic Church, leading to moneylenders being regarded as sinners. During the Ancien Régime, and during the colonial rule, Spain adopted these doctrines, applying them in its American territories for over three hundred years. However, there is evidence that merchants devised methods to circumvent these prohibitions, rendering them an inconvenience but not an obstacle to the development of mercantile capitalism. This study examines the case of maritime loans—also known as bottomry loans—transactions in which exorbitant interest rates were effectively charged, creating nautical usury without triggering the canonical and civil sanctions to the participants. These loans significantly financed the commercial ventures of yhe Metropolis in America.</p> Marcela Castro Ruiz Copyright (c) 2025 Marcela Castro Ruiz http://creativecommons.org/licenses/by-nc-sa/4.0 https://revistas.uexternado.edu.co/index.php/emerca/article/view/10608 Tue, 15 Jul 2025 00:00:00 -0500