Open AccessLA FLEXIBILIZACIÓN DE LA LEY DE INSOLVENCIA EMPRESARIAL DURANTE EL COVID 19. LOS MECANISMOS DE RECUPERACIÓN EMPRESARIAL Y SU PROYECCIÓN EN EL TIEMPO
Author(s) -
Laura Sánchez,
AUTHOR_ID,
Angie Stefania López Triana
Publication year - 2020
Publication title -
pensamiento republicano/pensamiento republicano
Language(s) - English
Resource type - Journals
eISSN - 2500-7580
pISSN - 2145-4175
DOI - 10.21017/pen.repub.2020.n12.a66
Subject(s) - creditor , decree , insolvency , debtor , government (linguistics) , legislation , default , solidarity , business , covid-19 , state of emergency , political science , economic policy , law , finance , politics , debt , medicine , linguistics , philosophy , disease , pathology , infectious disease (medical specialty)
The health emergency we are going through has led us to an undeniable social isolation, imminent and necessary at a global level, a fact that has permeated all sectors of daily life and has demanded the hibernation of the economic sector, causing an illiquidity that until now it is estimated, it will be temporary . This is why, in the midst of so much uncertainty, the fluctuation of the pandemic has put in check the creativity of governments who, when issuing emergency legislation, have taken into account factors the support of small and medium-sized companies, autonomous individuals who allow themselves to produce and work with a constant but precise cash flow and who may be more abruptly affected by the insolvency crisis in the long term. On the other hand, emergency measures seek to avoid liquidation procedures, promote freedom of financial autonomy for those who are owners, creditors or debtors and, of course, avoid judicial collapse, that is, a flood of requests in the future, but is this viable in Colombia? Does the current government seek o protect these sectors of the economy? With the issuance of Decree 560 of 2020, an attempt is made to materialize these guarantee ideals promulgated by other states, in addition to seeking to promote the sense of self-responsibility for those who find themselves in certain situations previously protected by Law 1116 of 2006 and which they intend to promote from other perspectives promoted by inclusion and especially solidarity in times of crisis.