Concursos mercantiles, contrataciones públicas y MIPyMES. ¿Qué relaciones existen en México?
This research presents various relationships that have two highly specialized and technical areas of law, which are insolvency proceedings and public procurement, and their link with the so-called micro, small and medium-sized enterprises (MSMEs). Based on the analytical method, it is set out tha...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8190075 |
| Source: | Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 30, 2021 (Ejemplar dedicado a: Preprints: DÍKÊ, Revista de Investigación en Derecho, Criminología y Consultoría Jurídica) |
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| Summary: |
This research presents various relationships that have two highly specialized
and technical areas of law, which are insolvency proceedings and public
procurement, and their link with the so-called micro, small and medium-sized
enterprises (MSMEs). Based on the analytical method, it is set out that, in the
process to reach an agreement, the owner of a company in a state of
insolvency and its creditors, public procurement could have a decisive role in
the business plan on purpose and thereby contributing to the preservation of
the operations of these enterprises, since the government is the most important
buyer of goods and services. Thus, it is proposed to modify the corresponding
administrative law, which prevent MSMEs, as well as large companies, that
have been declared in a judicial insolvency proceeding, from participating in
public procurement. In this regard, the previous proposal is reinforced with
figures, since of the 578 insolvency proceedings concluded in 2000 so far in
Mexico, 40.31 percent were by agreement between the parties and 33.74
percent were by conclusion of the bankruptcy stage, that is, insolvency
proceeding is not synonymous with bankruptcy, therefore, by incorporating
public procurement in the business plan of enterprises that are currently in
insolvency proceedings, the possibility of the parties reaching an agreement
would be favored, however, the legal framework that regulate public
procurement prevent receiving proposals or awarding contracts to companies
that have been declared in insolvency proceedings. |
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