Relación del proceso monitorio con el derecho comercial colombiano

Abstract

Taking this work into account, we were able to observe how the order for payment process is related to Colombian commercial law and its regulation in the General Process Code (article 419 - law 1564 of 2012). In Colombia, a process of modernization of legal institutions has been implemented in order to counteract judicial delays. One of the most representative procedural innovations with potential impact on the processes of decongestion and efficiency of justice is the monitoring process. This process is only used to collect money debts that do not exceed 40 minimum wages and that come from a contract entered into between the parties, for example, money loan, purchase and sale of merchandise, rental contract, among others. The payment order process of the Commercial Code was a privileged mechanism for merchants within commercial law. It allowed obtaining an executive title against the debtor if he did not oppose the payment requirement. However, its application was limited to securities, so it did not yet exist as a general civil process for all monetary obligations.