La gestión de la insolvencia trasfronteriza de los grupos de empresa multinacionales y la necesidad de su regulación en Colombia desde el derecho concursal internacional
Year: 2025
Type: article
Abstract: This article analyses the insolvency regulation of multinational corporate groups in Colombia, revealing a persistent adherence to a traditional legal approach that conceives of them as unitary entities despite their pluri-subjective and pluri-ordinate structure. However, increasing economic globalization poses significant challenges to this model, given the inherent complexity of these cross-border corporate structures in complex situations such as insolvency. The fundamental purpose of this reflection is, therefore, to examine the pressing need for a revision of Colombian domestic regulations concerning the treatment of insolvent multinational corporate groups. Through an analysis based on methodological sources such as law, doctrine and jurisprudence, the aim is to propose a critical reflection on the approach to this organizational form in the Colombian legal system. This reflection will be developed within the framework of international standards and specialized doctrine on cross-border insolvency of business groups, with the aim of identifying the existing regulatory deficiencies in the field of hard law and highlighting the urgency of updating them in the light of international insolvency law and contemporary soft law instruments, contrasting them with domestic provisions relating to groups. In order to address this problem, a legal-functional analysis structured in three phases is proposed: (1) definition and delimitation of the concept of multinational corporate group, (2) review of relevant theoretical models on the subject, and (3) critical examination of the applicable Colombian legislation. This methodological approach will make it possible to analyze the current legal framework and formulate recommendations to optimize the management of the cross-border insolvency of the multinational corporate group in Colombia to strengthen the protection of creditors, the debtor and why not in the future create and develop a cross-border insolvency market in this country.
Source: Vniversitas
Author: Mónica María Fuentes-Mancipe
Institution: La Gran Colombia University
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413169357