La exoneración del crédito público con la entrada en vigor del Real Decreto Legislativo 1/2020, de 5 de mayo, por el que se aprueba el texto refundido de la Ley Concursal
Although the entry into force of the Royal Legislative Decree 1/2020, of May 5, approving the consolidated text of the insolvency act, has resolved several issues, it has also unnecessarily generated new ones. Especially as we will deal with in this paper, interpretative issues regarding the dischar...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2021
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8359990 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 18-19, 2021, pags. 183-194 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Although the entry into force of the Royal Legislative Decree 1/2020, of May 5, approving the consolidated text of the insolvency act, has resolved several issues, it has also unnecessarily generated new ones. Especially as we will deal with in this paper, interpretative issues regarding the discharge of the public claims result of the second chance mechanism. This paper makes a comparative study out through the different solutions given by the legislator when dealing with the discharge of the public claims, since its introduction into the insolvency act until the entry into force of the TRLC, going through a study of the nature of the consolidated texts and the ultra vires acts, studying the new court-made doctrine after the last court’s decisions taken after the entry into force of the TRLC. Finally, the paper ends with a critical assessment of the issue. |
|---|