La prenda sin apoderamiento en Colombia: regulación comercial y garantías mobiliarias

Translated title of the contribution: Non-possessory pledge in Colombia: commercial regulation and movable property security interests

Edgar Iván León-Robayo, Edgar Giovanni González-Umbarila

Research output: Contribution to journalArticlepeer-review

Abstract

One of the securities most used within the legal market is the non-possessory pledge from the creditor. This instrument allows for the debtor to maintain the asset for its use and enjoyment and thus profit from it to be able to honor the contracted obligation. Although it was already contemplated by the Commercial Code, it was fully regulated by Act 1676 of 2013 on movable property security interests. This article intends to analyze the origin of the instrument and to establish the way it is currently regulated in Colombia, from a comparative law perspective and from the historical background it has been developed in, with references to its regulation in the French Civil Code and the principles of the Model Inter-American Law on Secured Transactions. All the above starting from the instruments that originated it, namely the pledge and the mortgage.
Translated title of the contributionNon-possessory pledge in Colombia: commercial regulation and movable property security interests
Original languageSpanish
Pages (from-to)82 - 110
Number of pages28
JournalRevista de derecho
Volume44
Issue number44
DOIs
StatePublished - Jul 1 2015

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