EL DERECHO DE LA CRISIS DE LA EMPRESA Y LOS MASC EN COLOMBIA

Abstract

The MASC in Colombia in the last year have been used as an ideal tool to overcome the crisis thanks to Decree Law 1560 of 2020, which allows debtors to negotiate their debts and / or pending obligations prior to the initiation of a procedure bankruptcy, such as the reorganization or liquidation of the company in accordance with Law 1116 of 2016. Undoubtedly, this initiative opens the door to propose in Colombia not only the realization of agreements to overcome the crisis, but also the implementation of other methods such as They are: friendly composition, conciliation, compromise, mediation, and even arbitration. Consequently, this article will have the purpose of determining whether or not there are alternative methods of conflict resolution in Colombia to overcome the business crisis of the legal entity merchant, by first developing the analysis of the MASC in the Colombian bankruptcy regime for in a Secondly, deduce which of the MASC is the most appropriate to overcome the crisis of the company legal entity and finally propose alternatives for the implementation of the MASC to overcome the crisis, not only in specialized conciliation centers such as the Chamber of Commerce but also in all those who according to their specialty are qualified to carry out said intervention.