Alcance de la Denominación de la Garantía Mobiliaria como Contrato Principal

Abstract

Law 1676 of 2013 "By which access to credit is promoted and rules on movable guarantees are issued", was integrated into the Colombian legal system as a result of the imperative need to be on a par with new legal figures and forms of business, not only locally but globally, with a marked influence of the recommendations of the Organization of American States (OAS) and the Commission of The United Nations International Trade Law (UNCITRAL) called upon its member States, including Colombia, to create and adopt rules in accordance with their model laws. Notwithstanding the foregoing, the enactment of Law 1676 of 2013 brought with it substantial changes such as establishing that Movable Guarantees would be constituted through contracts that have the character of principals. Point on which the object of this investigation falls when trying to answer What is the scope of the denomination of the Movable Guarantee as the main contract? for which dogmatic-theoretical legal research was carried out with a qualitative approach. Which after a broad and exhaustive bibliographic search, in addition to carrying out an exercise of comparative law that allows to present the following content: First, to offer a brief account of the background and main changes introduced by Law 1676 of 2013 in The Colombian system; secondly, to concisely expose the main theories of classical and modern authors related to accessory contracts; thirdly, to study the scope of the nature of the main contract granted by Law 1676 of 2013 to Movable Guarantees. The above, to reach the general conclusion after considering different authors both classical and modern, and an exercise of comparative law that the main character granted to the Movable Guarantee in Law 1676 of 2013 refers to independence from the obligation it ensures and not to its causality.