Legal Trends

Resolution 777 of June 2, 2021.

Definition of resilience: Ability to rise from the adversity of the COVID-19 virus, adapt, recover, and access a meaningful and productive life. This resolution specifies the...

Traffic Accidents in Colombia: A National Problem That COVID-19 Did Not Alter

One of the consequences that arises from economic growth in a country, and of course from its population increase, is the emergence of the need to...

Analysis of Resolution 223 of 2021 of the Ministry of Health

On February 25, 2021, the Ministry of Health and Social Protection issued Resolution 223 of 2021, which modifies the technical annex...

Educational Aid Plan for ICETEX Beneficiaries Issued by the National Government in Light of COVID-19

Decree 467 of 2020 was issued on March 23, 2020, in order to mitigate the economic impact that Colombian families have suffered regarding the decrease in their income due to the health emergency caused by COVID-19 in Colombian territory, through the granting of a series of prerogatives to beneficiaries of the Colombian Institute of Educational Credit and Technical Studies Abroad (ICETEX) who so request.

Tariff Modifications to 0% for Products Required to Address the COVID-19 Health Emergency

Decree 410 of 2020 has been issued with the main objective of mitigating the economic impact suffered by the health and aviation sectors, through the modification...

The Extension of Jurisprudence: A Formidable Alternative

The Administrative Procedure and Administrative Litigation Code establishes in its Article 102 a quite innovative mechanism, which clearly adheres more to the principles of economy and celerity...

SAS: Points to Consider to Avoid Failing in the Attempt.

It has been 10 years since the model of simplified stock companies has positioned itself in the national commercial sphere. Under this system, more than 500,000 companies have been created...

How to Patent in Colombia

Use of WhatsApp as a Means of Evidence

With the use of new technologies, the implementation of data messages is recurrent in society, so much so that they have been accepted as valid evidentiary means by Colombian law through Law 527 of 1999 and Article 247 of the CGP, Law 1564 of 2012.

What Does Laesio Enormis Entail and When Does It Apply?

Laesio enormis constitutes an objective defect in legal transactions arising from the inequality of the performances owed by each party to the contract, a defect that violates the principles of equity and justice in bilateral, commutative, and onerous contracts.

Possession or Mere Holding: What Is the Difference?

Although both legal concepts refer to real rights acquired in relation to property, there is a substantial difference between them, since possession encompasses all three real rights over property: use, enjoyment, and disposal, whereas mere holding is limited to one or two of them.

New Tip Regulation in Colombia

The recently enacted Law 1935 of 2018 defines tips as the monetary recognition that the consumer freely and voluntarily gives for good service and product...

State Liability for Environmental Damage

As is well known, the world in recent centuries has been the stage of major armed conflicts, such as the First and Second World Wars, the Cold War, among other armed disputes that left nothing but destruction in their wake, wars that surely would not have been possible without the phenomenon of industrialization that strengthened weapons and in turn generated excessive exploitation of resources and devastation of the environment.

A tutela action may be filed when internet publications contain defamatory statements or accusations that affect a person's good name.

The fundamental right to a good name, enshrined in Article 15 of the Political Constitution of Colombia, may be affected by journalistic publications, comments on social media...

Legal Warranty: An Obligation of the Producer, Retailer, or Supplier.

The legal warranty is an obligation of the producer, retailer, or supplier in favor of the consumer, contained in Law 1480 of 2011 (Consumer Statute), which consists of...

Assets Held Abroad Must Be Declared.

Income tax taxpayers domiciled or resident in Colombia who, as of January 1, 2018, held any type of asset abroad must file...

Is It Necessary to Prove a Product's Attributes Before Advertising It?

Misleading advertising refers to advertising used by some companies through any means of communication in which information is announced without any basis and lacking truthfulness...

The Principle of Effectiveness in State Contracting

The principle of effectiveness is implicitly present in Article 2 of the Political Charter, but it is not concretely defined, leading to doctrinal errors in Administrative Law and generating confusion with other principles of law that have similarities in their application, such as the principle of efficiency. Thus, the principle of effectiveness will be defined as that which relates to the fulfillment of the determinations of the administration, the fulfillment of the general interests of the state: the effective achievement of the state's purposes. Finally, the principle of efficiency is defined with the intention of dispelling any confusion with the principle of effectiveness: the principle of efficiency is related to the choice of the most appropriate means to achieve the objectives.

Deadline for Ordinary Shareholders' Meeting or Partners' Meeting Approaches.

REMEMBER THAT MARCH 31 IS THE MAXIMUM DEADLINE TO HOLD THE ORDINARY SHAREHOLDERS' MEETING OR PARTNERS' MEETING. Pursuant to Article 422 of the Commercial Code, companies...

Provision of Work Clothing and Footwear.

The Substantive Labor Code establishes in its Article 230 that every employer who has under their service a worker earning less than or up to two current legal monthly minimum wages, has the obligation to provide every four months, free of charge, a pair of shoes and a work outfit to the worker, in accordance with the work previously performed and contracted. The worker is entitled to this benefit if, on the date of delivery of footwear and clothing, that is, April 30, August 31, and December 20, they have completed more than three months of service with the employer and are active. This latter point is because the aforementioned items are provided to carry out the assigned work (if the worker does not fulfill this purpose, it exempts the employer from providing them in the following period, but the employer must inform the Labor Inspector about it), therefore, it is considered essential to provide them when the worker is not performing their work activity, regardless of the cause.

How and when can I withdraw from a purchase?

Law 1480 of 2011, or the Consumer Statute, aims to protect and guarantee the effectiveness and free exercise of consumer rights, as well as to safeguard...

What is a Trade Secret?

A trade secret is a set of knowledge or information that is not in the public domain, which is necessary for the manufacture or commercialization of a product, for the production...

What Does a Foreigner Need to Work in Colombia?

COLOMBIAN VISAS According to Resolution No. 6045 of August 2, 2017, issued by the Ministry of Foreign Affairs of Colombia, which sets forth provisions on visas and repeals Resolution 5512 of September 4, 2015, within Colombian jurisdiction, it is necessary for a foreigner to hold a visa to enter the country, whether for tourism, business, or to settle in the country. For this reason, the Colombian Chancellery has created the following visa categories:

Is Freedom of Expression on Social Media Unlimited?

The Constitutional Court has on multiple occasions established and emphasized that the freedom of expression on social media is not unlimited; the rights to honor, good name, and personal privacy must always be respected,...

State Liability for Lack of Maintenance and Deficiencies in Public Roads.

The judgment of the Third Commission of the Council of State with file number 66001233100020060030001 of November 10, 2016, established that, in order to derive the extracontractual patrimonial liability of the State for lack of maintenance and deficiencies in road signaling, it is essential to demonstrate the damage and the failure in the service consisting of the disregard of the administration's duties, which include the obligation to implement preventive signals, supervise the execution of public works, control traffic on streets and highways, and prevent the risks generated thereby.

Extended Deadlines for Database Registration with the Superintendence of Industry and Commerce

According to Decree 090 of January 18, 2018, those who continue to have the obligation to register their databases are corporations and non-profit entities with total assets exceeding 100,000 Tax Value Units (UVT), i.e., $3,316 million. All public entities must also do so.

Government Reduces Those Required to Comply with Database Registration Before the Superintendency of Industry and Commerce.

The National Government, within the anti-red tape campaign, issued Decree 090 of January 18, 2018, which reduces the number of legal entities required to comply...

Protection and Registration of an APP.

Intellectual property is a regulatory discipline that governs and protects copyright, safeguarding all human expression resulting from ingenuity and talent, which includes the creations of the human intellect regardless of their purpose. Thus, Article 6, paragraph 2 of Law 23 of 1982 establishes that only the literary form is protected, such as ideas explained, illustrated, or incorporated into literary, scientific, and artistic works.

How to Register a Branch of a Foreign Company

To understand how to register a branch of a foreign company, one must start with the concept of a foreign company: a foreign company is understood as a company with its principal domicile abroad, incorporated under the laws of another country, that seeks to undertake permanent business in Colombia. (Chamber of Commerce, 2013).

Benefits of Registering Literary Works.

I have finished writing my book! And now what?... It is evident that thinking and writing a book is not a simple task, as it has in its background a creative and...

When Judicial Error Constitutes Damage

With the issuance of the 1991 Constitution, the general clause of State liability was expressly enshrined in Article 90. The article establishes that 'The State shall be patrimonially liable for unlawful damages imputable to it, caused by the action or omission of public authorities.'

Municipalities as Guarantors of the Right to Peace and Quiet against Noise Pollution

In Judgment T-099 of 2016, the Constitutional Court clarified that mayors are responsible for adopting preventive and sanctioning measures against establishments that exceed permitted noise levels.

Shared Pension Retroactive Payment Corresponds to the Employer

The Supreme Court of Justice confirms that when the employer continues to pay the extralegal retirement pension after the old-age pension has accrued, the retroactive payment belongs to the employer.

Constitutional Court Prohibits Mining in Colombian Páramos

The Constitutional Court issued ruling C-035 of 2016 declaring the unconstitutionality of articles that allowed mining exploration and exploitation in the country's páramos.

Multi-Level Companies Cannot Pay People for Recruiting Others

Decree 24 of 2016 of the Ministry of Commerce regulated network marketing or multi-level marketing activities in Colombia, prohibiting payments for recruiting new members.

Constitutional Guarantees in Labor Disciplinary Proceedings

The disciplinary process in labor matters must respect minimum constitutional guarantees. The Constitutional Court in Judgment C-593 of 2014 set out mandatory guidelines for employers.

The Superintendency of Industry and Commerce and New Inventions

In the last two years, the number of patent applications filed with the SIC has increased. Colombia aims to position itself among the fastest industrial property offices in the world.

EPS Cannot Deny Services to Unemployed Beneficiaries Under 25 Years of Age

The Superintendency of Health warned that if EPS require proof of enrollment as a condition for affiliating unemployed young people between 18 and 25 years old, they may be subject to sanctions.