La partición en vida y otras figuras similares: Protección judicial a los acreedores

Abstract

The purpose of the theme that will be developed through this document is to analyze and understand, under a critical and reflexive view, the legal institution of the “partición en vida”, the definition, regulation and effects, aiming to identify the possible damages that this institution can generate to the creditors of the person who is going to applicate this legal mechanism. Based on this objective, the “partición en vida” is exposed as a legal institution, analyzing the decision of the Constitutional Court of Colombia, whose content the constitutionality of the institution, and comparing it with the similar figure used in Argentina, as an international referent. In that way, there are studies about different legal institutions, whose analysis allows us to identify the scope of the “partición en vida” in the Colombian social practice, and determine how the credits of that people who serve as creditors of the testator can be affected.