LA REFORMA DE LA LEY CONCURSAL

Abstract

Th is paper examines, from a critical perspective, the current reform of the Insolvency Law. It is recognized the need of the reform, derived from the limitations of the current law, but it is considered inadequate because of not aff ecting some of the basic conceptions of creditor’s meeting. Specially, those needed of reform (such as the budget target, the eff ects of competition on the contracts, the reintegration of the mass, the reorganization of privileges or the qualifi cation of the creditor’s meeting). And they are considered so for not to give a satisfactory solution to the requirement of an alternative procedure, nevertheless regulated by the name of refi nancing agreements. And also for not to admit the exemption of debts of the bankrupt person whose insolvency is fortuitous, in case of liquidation. Specifi c changes are positive, that aff ect the bankruptcy administration, the responsibility of corporate managers in the encouragement of early agreement on the development of summary proceedings in anticipation of the settlement and funding of the insolvent company