Reforma concursal y medidas introducidas por el legislador para conseguir un sistema eficiente

Abstract

The new Spanish Insolvency Legislation, approved in 2003, has met a long-standing need in Spanish Patrimonial Law. The previous obsolete and indistinct regulation meant that our system was an inefficient one because, among other things, it did not even constitute a whole that was in harmony with clearly defined objectives. The legislator defines the aim of bankruptcy proceedings in the recent Insolvency Law: that of paying creditors, for which means there is a tendency towards saving the company in priority to winding it up. The aim of this study is to analyse the measures introduced by the legislator in order to achieve its purpose. Therefore, the article begins by dealing with the question of the suitable provisional moment for opening proceedings, goes on to discuss matters such as the organic system, the effects of bankruptcy proceedings and the system of privileges, and ends with reference to regulation of the abridged proceedings.

Keywords

• reforma del procedimiento concursal