BANKRUPTCY AND JUDICIAL PROCEDURE

Authors

  • Carmen Senés Motilla

Keywords:

Bankruptcy procedure, Accelerated procedure, Bankruptcy incident, Refi nancing agreements, Insolvency mediation

Abstract

Th e bankruptcy is a legal process with manifestations of declarative protection as well as of protective and executive measures. Th e jurisdictional bankruptcy protection is dispensed by an only procedure having a structure-type, although there are certain specialties that the law covers under the name of “accelerated procedure”, as well as other secondary procedures for disputes arising during processing (bankruptcy incidents). Th e complexity and the economic and time costs of the bankruptcy make it ineff ective regarding to individual debtors and SMEs; for this reason, the introduction of workouts court procedures, including insolvency mediation, is demanded in our legislation.

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Published

2020-07-03

How to Cite

Senés Motilla, C. (2020). BANKRUPTCY AND JUDICIAL PROCEDURE. Teoría & Derecho. Revista De Pensamiento jurídico, (12), 25–41. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/156