Revista Tribuna Internacional (Dec 2015)

Reception in Chile of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency: Brief analysis of the center of main interests of the debtor as a new connecting factor

  • Jeremy Daniel Levy Morchio

DOI
https://doi.org/10.5354/rti.v4i8.38447
Journal volume & issue
Vol. 4, no. 8
pp. 165 – 183

Abstract

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This article analyze the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-border Insolvency and its incorporation into national law by means of the entry into force of the new Law of Insolvency and Re-entrepreneurship, paying special attention to the concept of center of main interests of the debtor, as a new factor of connection between jurisdictions. For this, we will begin with the situation of cross-border insolvency in Chile prior to the new law, will analyze the origin, structure and objectives of the model law and the way in which was introduced in Chile, to finally study the concept of center of main interests of the debtor.