Analysis of the Enforceability of the Electronic Promissory Note as a Negotiable Instrument in Executive Proceedings in Colombia Since 2021

Abstract

The enforceability of the electronic promissory note as a security in executive processes in Colombia, after 2021, has been marked by technological progress and the digitization of financial relationships. This study focuses on how this instrument can be judicially required without the need for physical presence, especially after the COVID-19 pandemic that accelerated digitization and immersion in the novelty of the interpretation of new types of securities. The electronic promissory note, with legal support given by Law 527 of 1999 and other regulations, must comply with requirements of authenticity, integrity and availability to be considered valid and admissible in an executive process in which it is used to demand a right incorporated in this document. Although the Colombian legal framework allows it to be used, there are differences in its judicial interpretation, since some judges administering justice require a physical support or the need for certification.  The research analyzes the impact of these digital instruments on the judicial system and the implications for legal certainty and the efficiency of executive processes.