Acceso al crédito en Colombia: Aproximaciones a su definición en la jurisprudencia de la Corte Constitucional
2016
This article focuses on showing the results obtained by exploring the case law of the Constitutional Court in order to identify the nature and characterization recognized to access to credit. Three characterization were found in the judgments:
access to credit as: i) a way to provide Constitutional guarantees and rights, ii) an independent right and therefore related
to benefits that could be correlatively demanded, and iii) a place to develop the freedom of contract principle through loan
contracts. It was determined that the Court, in most cases, used the first approach announced to develop specific applications to instrumental or mediated access to credit and its relation to the guarantee of rights
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