Research incubator: Private International Law

Description:

The Research incubator on Private International Law aims at contributing to the development of a legal field that has traditionally been neglected in this country from multiple perspectives.

Legislative: The domestic rules governing this field are mostly dated back to the late 19th or early 20th century, including provisions found in the original Civil Code, the Commercial Code, and in a few more recent statutes such as the General Code of Procedure. These rules do not adequately reflect the developments of Private International Law worldwide, nor the international normative framework applicable in our country.

Judicial: As a consequence of the gaps and ambiguities in this area, there are few judicial decisions on the subject. Moreover, the limited jurisprudence that exists often contains contradictory interpretations across different jurisdictions, including the ordinary civil courts, the administrative courts, and family courts, as well as in matters of international responsibility, among others.

Scholarly: Although several experts and academics have sought to contribute to the development of Private International Law, it remains an underdeveloped area, and no significant practical progress has been observed in the country.

In this context, the Research incubator will enable, through joint work between students, researchers, and professors, the identification of major shortcomings, the proposal of solutions, and the development of key topics in classical and contemporary issues of Private International Law.

Objectives:

1. Conduct a systematic analysis of recent Colombian case law relevant to Private International Law.
2. Identify, analyze, and propose solutions to legislative and interpretative gaps in Private International Law in Colombia.
3. Identify and analyze contemporary issues of Private International Law that are of particular interest to Colombia.

Lines of Research:

1. Critical analysis of the case law of the Civil Chamber of the Supreme Court of Justice on Private International Law.
2. International arbitration in Colombia