INSOLVENCY LAW AND COMPANIES
Keywords:
Insolvency proceeding, Insolvency Law, Company Law, companies involved in a insolvency and pre-insolvency situation, applicable provisions, corporate body responsible for the fi ling if the insolvency proceeding, insolvency proceedings’ eff ects over the company, insolvency proceeding’s eff ects over the corporate bodiesAbstract
Th e companies’ insolvency proceedings produce several confl ict areas since it is necessary to coordinate two diff erent fi elds of the legal system: the company law and insolvency law. Traditionally, these two areas have been studied separately since each one of them follow diff erent objectives and diff erent techniques are used in each one. On one hand, the Spanish Insolvency Law does not set a general rule in order to solve confl icts between each area of the legal system. On the other, the Spanish Companies Act does not either gives a clear guidance over many important questions in this matter. Th e present paper aims to study the most important matters that aff ects companies involve in insolvency situations, specially in relation to the applicable provisions to these circumstances; which is the corporate body responsible for the fi ling of the insolvency proceedings petition.
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