El innovador rol del mediador en el proceso concursal. La gestión cooperativa de la insolvencia
The article focuses on the analysis of the role of the mediator in the bankruptcy procedure and the advantages that this method has for both the debtor and the creditors. A descriptive and analytical approach is made, which presents mediation as a tool for conflict management, taking into account th...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8136173 |
| Source: | Revista de Derecho: Publicación de la Facultad de Derecho de la Universidad Católica de Uruguay, ISSN 2393-6193, Nº. 22 (Julio-diciembre), 2020, pags. 90-111 |
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| Summary: |
The article focuses on the analysis of the role of the mediator in the bankruptcy procedure and the advantages that this method has for both the debtor and the creditors. A descriptive and analytical approach is made, which presents mediation as a tool for conflict management, taking into account the international experience and the situation in Uruguay, where a bill was presented to modify the Bankruptcy Law and to create the figure of the mediator in the bankruptcy proceedings. It is concluded that Uruguayan bankruptcy law needs to update its legal regulations and adopt non-adversarial solutions such as mediation, which are a worldwide trend. |
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