The Real Estate Trust: An Outline About the Duty of Information and the Responsibility of the Trust Companies

被引:0
作者
Rivera Pinzon, Daniela [1 ]
机构
[1] Univ Rosario, Bogota, Colombia
来源
PRECEDENTE | 2022年 / 20卷
关键词
Trust Companies; Responsibility; Real Estate Trust; Legal Duty of Observance; Provision of Information; Financial Consumer Protection Regime;
D O I
10.18046/prec.v20.5160
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In this article, it is necessary to analyze the role of the trust companies, their legal duties and those responsibilities arising from the breaches generated. All this from the observation of the specific case of one species of said companies, the real estate trust, whose legal obligations of observance must be fulfilled for the benefit of the settlor, within the corresponding legal business, acting as professionals under certain criteria. Likewise, I will analyze the legal duty of observance that corresponds to the supply of information that must be provided to the settlor who, in turn, under the terms of the Financial Consumer Protection Regime, contained in Law 1328 of 2009, in which" rules on financial matters, insurance, the stock market and other provisions" are dictated, in accordance with the provisions of title I. of the Financial Consumer Protection Regime, also acts as a financial consumer, protected by a series of principles contained in the stated regime. To this end, I will refer to a series of jurisprudential pronouncements, as well as the concepts outlined by the Financial Superintendence, in which the treatment of the liability attributable to the trust companies in the ordinary course of their business is examined.
引用
收藏
页码:123 / 154
页数:32
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