Análisis comparativo entre la Ley 1116 de 2006 y el Decreto 560 de 2020 : los incentivos económicos de cara a la función conservativa en los procesos de insolvencia

Abstract

The corporate insolvency regime in Colombia is framed in Law 1116 of 2006, such regulatory provision arose because of the advances that had been achieved in the country in insolvency matters, mostly through decrees, and that served as a starting point for the current Colombian insolvency regime. Law 1116 was issued in 2006, and has been complemented by subsequent provisions that have contributed to form a regulatory framework in terms of insolvency law, such as Decree 1429 of 2010, which have contributed to further strengthen the regulatory body of insolvency law in Colombia, however, economic incentives and disparities between rules issued during the pandemic remain a pending task, the insolvency processes regulated by Decree 560 of 2020 during the COVID-19 pandemic allowed companies to initiate more agile and efficient processes during the crisis pandemic, which achieved the protection of credit, employment and the company by enforcing the conservative function of insolvency law. Therefore, it is essential that the incentives that showed very good results in the 2020 crisis are maintained over time and can contribute to further improve the national economy.