Análisis De Las Partes, Apoderados Y Límites De La Agencia Oficiosa en La Conciliación Extrajudicial en Colombi

Abstract

The Political Constitution of 1991 in its article 116 states that individuals could be endowed with jurisdiction to perform as arbitrators and conciliators, despite the fact that this endowment was limited to certain aspects of time and power held by Colombian judges. In this sense, it shows how the conciliator in the exercise of his jurisdiction may examine how the parties appear and whether they are entitled to dispose of the disputed right. The purpose of this paper is to determine, through the methodology of documentary review, bibliography and critical analysis if the officious intermeddler can meet the requirements to represent a party at the settlement hearing. The study concludes that due to the absence of legal attribution and by virtue of the legal nature of the officious intermeddler, this one cannot be considered as a party in the extrajudicial conciliation.

Especificidades de la conciliación extrajudicial en Colombia en relación con las partes implicadas

“…As per articles 35 and 36 of Law 640 (2021), in all matters susceptible to conciliation, extrajudicial conciliation under this law becomes a mandatory procedural condition for civil, family, and administrative judicial proceedings. However, in cases where it is not considered a procedural requirement, conciliation is regarded as an exceptional mechanism (Meza-Godoy et al, 2021). These instances are detailed below: a.…”