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Browsing by Author "PEÑA CUELLAR, DIANA MARCELA"

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  • The Order for Payment Procedure in Colombia: Challenges and Perspectives under Law 1564 of 2012

    Institución: Universidad de la Amazonia

    Revista: Amazonia al Derecho

    Autores: LUNA SALAS, FERNANDO; PEÑA CUELLAR, DIANA MARCELA; VIDAL LASSO, ASTRID DANIELA; LUNA SALAS, FERNANDO; PEÑA CUELLAR, DIANA MARCELA; VIDAL LASSO, ASTRID DANIELA

    Fecha de publicación en la Revista: 2025-05-02

    Fecha de cosecha en Ciencia Nacional: 2025-06-26

    Law 1564 of 2012, which introduced the General Code of Procedure in Colombia, marked a significant step toward the modernization of civil justice in the country. Among its key innovations is the order for payment procedure, conceived as a special declaratory mechanism for the collection of clear, express, and enforceable obligations, without requiring an enforceable title. This legal tool aims to streamline judicial proceedings and improve access to justice. However, since its implementation, the procedure has faced various regulatory and practical challenges, including limits on the monetary amount, lack of specific precautionary measures, difficulties with personal service, reversal of the burden of proof, and inconsistent judicial application. This article adopts a qualitative research approach, based on bibliographic documentation and legal-text analysis, drawing on specialized doctrine, legislation, case law, and comparative experiences. It examines the structural obstacles surrounding the order for payment procedure and its impact on the administration of justice in Colombia, incorporating international references from countries such as Spain, Germany, Chile, Costa Rica, and El Salvador. Based on this analysis, the article proposes reforms aimed at strengthening this mechanism and concludes that its consolidation requires both regulatory and practical adjustments to ensure its effectiveness as a tool of effective judicial protection.
Consorcio ColombiaConsortia
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