Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
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Chapter 1
Colombian Legal System
Colombia is a country located in the northwestern region of South
America and was a Spanish colony until 1810. It is constitutionally
organized as a unitary democratic republic and its capital is Bogota. Its
official language is Spanish. The country covers an area of 2,070,408 km2,
of which 1,141,748 km2 corresponds to continental territory and the
remaining 928,660 km2 to its maritime extension. Its boundaries are: east
Venezuela and Brazil; south Peru and Ecuador and northwest Panama. In
terms of maritime boundaries it is bordered by Panama, Costa Rica,
Nicaragua, Honduras, Jamaica, Haiti, Dominican Republic and Venezuela
along the Caribbean ocean and by Ecuador along the Pacific ocean.
Colombia is the only South American country having coasts along both
the Pacific and the Caribbean oceans, where it has several islands such as
San Andrés and Providencia. It is the fourth largest nation in terms of
territorial extension in South America, and with some 45 million inhabitants
as of 2009, it is the third most populated country after Brazil and Mexico.
Colombia is also characterized for enjoying a significant economic
stability. Since the 1970’s, Colombia’s GDP has registered growth at two
points above the Latin American average and has suffered the lowest
volatility of the region. In 2008, the GDP grew by 2.5%, a rather significant
figure in the midst of the global economic turmoil.
From a legal point of view, Colombia, like most South American
countries, has a civil law system where the main source of law is written
law. However, since 1991, when the Colombian Constitution created the
Constitutional Court, constitutional precedents have gradually become part
of the Colombian legal system.
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
About the Contributors:
Natalia Tobón-Franco is a Lawyer from Universidad de los Andes
(Bogota, Colombia) with an L.L.M. in Intellectual Property Law from
Franklin Pierce Law Center (New Hampshire, U.S.A.); a Professor and
Author of several books and articles on Copyright Law, Freedom of Speech
and Entertainment Law; and an Associate Attorney at Cavelier Abogados.
Eduardo Varela-Pezzano is a Lawyer and Specialist in Intellectual
Property Law from Universidad del Rosario (Bogota, Colombia); an
Intellectual Property Law Professor at Universidad del Rosario; an Author
of several books and articles on Freedom of Speech, Patent, Trademark,
Copyright and Entertainment Law; and an Associate Attorney at Cavelier
Abogados.
