La acción concursal de responsabilidad en el derecho argentino
Bankruptcy and Insolvency Law in Argentina foresees a special lawsuit commonly called lawsuit for liability due to bankruptcy, which main purpose is to protect bankruptcy equity; which can be filed against the managers and the commonly called accomplice third parties. Origin of this action assumes t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Medellín
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3995651 |
| Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 11, Nº. 21, 2012, pags. 105-116 |
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| Summary: |
Bankruptcy and Insolvency Law in Argentina foresees a special lawsuit commonly
called lawsuit for liability due to bankruptcy, which main purpose is to protect
bankruptcy equity; which can be filed against the managers and the commonly
called accomplice third parties. Origin of this action assumes that managers have
already executed actions which may affect the company's assets or allowed the
company's insolvency. These actions should have been executed within a year
before the initial date payments ceased. Imputation of liability can only be effective
when willful misconduct has been proven. The lawsuit executed as an ordinary
trial should be solved before the bankruptcy judge and is not subject to prior
payment. Filing should be made by the receiver who should be authorized by the
creditors. If the receiver fails to file the lawsuit despite having been called by the
bankruptcy judge, any creditor with interest in the case shall be entitled to do it. |
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