Alcance de la Denominación de la Garantía Mobiliaria como Contrato Principal
Fecha
2002-10-01Registro en:
Villanueva Triana, E. F. (2022). Alcance de la Denominación de la Garantía Mobiliaria como Contrato Principal. [Maestría, Universidad Santo Tomás]. Repositorio Institucional.
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Villanueva Triana, Edgar Felipe
Institución
Resumen
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.