Abstract

LOPEZ GOMEZ, Lina María  and  ALVARADO GUZMAN, Daniela. Prejudicial conciliation in proceedings for challenging corporate decisions. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2022, vol.52, n.136, pp.101-123.  Epub Sep 03, 2022. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v52n136.a05.

Law 640 of 2001 establishes extrajudicial conciliation as a procedural requirement before initiating civil declarative proceedings.

Through a qualitative methodology, this article aims to determine whether the grounds tor challenging a corporate decision are a matter subject to conciliation, and whether preliminary conciliation must be fulfilled as a procedural requirement for challenging corporate decisions.

Hie above to answer the following research question: Should conciliation be fulfilled as a procedural requirement for challenging corporate decisions?

Regarding this topic, the jurisprudence in Colombia has been changing adopting two opposite positions. The prevailing thesis is that conciliation is not a procedural requirement since the nullity and ineffectiveness of corporate decisions are not conciliable matters because they are matters that the parties cannot dispose of, considering that public order is involved.

However, it should not be ignored that the nullity can be ratified by the parties (article 1742 of the Civil Code) and the occurrence of the causes of ineffectiveness can be agreed upon by the parties (article 133 of Law 446 of 1998).

Therefore, the authors opinion in this article, these are matters subject to conciliation and preliminary conciliation should be fulfilled.

Keywords : Contestation action; prejudicial conciliation; corporate decisions; ineffectiveness; nullity.

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