La segunda oportunidad tras la Ley 25/2015: otra oportunidad perdida
The Spanish Law 25/2015, of July 28, on the second chance mechanism, financial burden reduction and other measures of social nature (originating from Royal Decree -Law 1/2015 of February 27), modifies the Insolvency Law (Ley Concursal) in an area that has acquired special socioecon...
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| Format: | Article |
| Language: | Spanish |
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2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5911512 |
| Source: | Cuaderno electrónico de estudios jurídicos, ISSN 2341-0116, Nº. 5 (2015 (diciembre)-2016 (junio)), 2015-2016, pags. 19-34 |
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| Summary: |
The Spanish Law 25/2015, of July 28, on the second chance mechanism,
financial burden reduction and other measures of social nature (originating from Royal Decree -Law 1/2015 of February 27), modifies the Insolvency Law (Ley Concursal) in an area that has acquired special socioeconomic significance in the last few years: the so-called second chance or benefit of unsatisfied liabilities exemption. The reform introduces a unified regime about exemption of unsatisfied liabilities –on grounds of an arrangement procedure– for debtors natural persons entrepreneurs and non
-entrepreneurs. The aim of our paper is to analyze the changes that the second chance regime presents after the amendment introduced by Law 25/2015, in order to check if the numerous shortcomings of the previous regulation provided in Law 14/2013 of September 27, on support for entrepreneurs and their internationalization have actually been addressed. Finally, the culmination of our work, we will make an approach to the regime planned second chance in America. |
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