El sistema de recursos en el proceso concursal / Pablo López García.

Format:

Book

Author/Creator:

López García, Pablo, 1986- Author.

Language:

English

Subjects (All):

Spain. Ley 22/2003, de 9 de julio, concursal.

Spain.

Bankruptcy--Spain.

Bankruptcy.

Appellate procedure--Spain.

Appellate procedure.

Genre:

Law materials

Place of Publication:

LA LEY Soluciones Legales S.A. 2024

Summary:

"The Ley Concursal (= Consolidated Text of the Insolvency Act, TRLC) provides the general regulatory framework for insolvency proceedings within the Spanish legal system. Rulings issued under this statute are subject to a distinctive regime for challenging decisions. While the legislator sought to structure this framework with simplicity, a multitude of controversies remain unresolved issues that have given rise to diverse doctrinal positions and a substantial body of case law. This book describes the structure of the insolvency process and its system of appeals; furthermore, it analyzes, provision by provision, each of the statutory regulations regarding appeals contained within the TRLC. Moreover, the work has been updated to reflect the latest reforms introduced by Ley 16/2022 and Reales Decretos-leyes 5/2023 and 6/2023. This volume presents an extensive monograph dedicated to the system of appeals within insolvency proceedings, with particular emphasis on appeals of a civil nature. Although the legislator intended to design this appellate system with simplicity, it leaves unresolved a host of controversies that have spawned divergent doctrinal views and a wealth of case law. By way of example: What avenues for appeal exist against court orders regarding the inadmissibility, acceptance, or rejection of a petition to declare insolvency? Are certain orders—such as those authorizing the sale of a productive business unit or those closing the "classification section" on the grounds of an accidental insolvency—truly unappealable? What are the most contentious issues involved in challenging the judicial ratification of a restructuring plan? Is the unique appellate regime established for the special procedure applicable to micro-enterprises truly adequate? These are just a few of the questions for which the reader will find answers throughout this work. The monograph is structured into four chapters. The first section describes the structure of the insolvency process and its regime of remedies, while the subsequent three sections (covering insolvency proceedings, pre-insolvency proceedings, and the special procedure for micro-enterprises) offer an analysis of each of the regulatory provisions regarding remedies found throughout the Consolidated Text of the Insolvency Act." -- Publisher (translated).

ISBN:

9788490907719