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Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Applying indirect methods to determine the taxable income of insolvent companies has raised various legal issues and led to unclear and potentially unlawful interpretations by the Portuguese tax authorities ("PTA"). Although recent case law has provided some guidance on the limited and especially exceptional circumstances in which indirect taxation methods can be applied to insolvent companies, there is still some way to go to achieve legal certainty and for the PTA to follow higher courts' case law. This article analyses when the PTA can resort to indirect taxation methods to determine the taxable income of insolvent companies. [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Cross-border insolvency is configured when insolvency proceedings are initiated and the debtor's assets are located in more than one State or there are foreign creditors. As this situation of patrimonial crisis involves several jurisdictions, nations have come to sign international agreements and reinforced their internal regulations in order to establish mechanisms that allow these conflicts to be resolved. In order to facilitate the foregoing, the United Nations Commission for the Development of International Trade Law prepared the Model Law on cross-border insolvency, whose provisions have been incorporated into the bankruptcy laws of different countries as it contains valuable rules that make possible the coordination of insolvency proceedings, the recognition of a foreign insolvency proceeding, and the access of foreign creditors and representatives to the courts of another State to participate in a process of this nature. In the case of Cuban legislation, insufficient regulation of cross-border insolvency is evident, which has a negative impact on its resolution. As a result of this problem, the present study pursues the following objective: to establish, based on a theoretical and doctrinal analysis, the need to update and improve the aforementioned regulation in Cuba both in the field of domestic law and in conventional international law. [ABSTRACT FROM AUTHOR]

The legislative reforms following the passing of Spanish Insolvency Act in 2003 have contributed to actualize the procedural rules in order to make them more up-to-date and adjusted to a scenario of profound economic crisis. One of the subjects that has received a special regard by the legislator is the "rating" of the bankruptcy, which is aimed at determining liabilities of those who were in charge of the business, and led it to insolvency (the rating will decide the bankruptcy as being caused by misfortune or guilt). The sixth section is the procedural road that leads to the judicial decision on the rating, and it is formed as a separate nub inside the bankruptcy procedure. In this paper we will strive to show in detail all different stages of the sixth section, with an interpretative but also critical glance at the articles that define the development of the section, contained in Chapter II of Title VI of the Act. [ABSTRACT FROM AUTHOR]

The following work analyses the line of research that concludes with the non termination under the statute of limitation of the insolvency liability contained in the art. 172 bis of the Spanish Act on Insolvency (deficit covering liability). So that the Spanish legal system has not been expressly provided with a specific statute of limitations for this liability action, it is necessary to clarify whether the action has a limitation period to exercise it and whether this, if applied, would have a different treatment in the function of the possibly persons declared affected by the classification [ABSTRACT FROM AUTHOR]

Recent jurisprudence of the Spanish Supreme Court has resolved the two outstanding issues in relation to the resistance of the pledge of future credits in the insolvency proceeding. The «intermediate thesis» has been accepted as the solution, whereby credits arising after the declaration of insolvency will be automatically pledged in the insolvency proceeding provided they originated from a legal relation created before the declaration of insolvency, regardless of whether or not the pledges were registered. [ABSTRACT FROM AUTHOR]

Recent changes in Spanish Insolvency Law introduced by the Law 17/2014 of 30 September and the Royal Decree-Law 11/2014 of 5 September have substantially modified the legal framework concerning a creditor with a secured loan a guarantor insolvent debtor. This paper sets out an initial approach to the situation resulting from the policy change only with respect to the exercise of the rights of the secured creditor in the insolvency proceedings and the vulnerable situation of the credit. [ABSTRACT FROM AUTHOR]

This article discusses the legal concept of promissio indemnitatis in Roman law, which relates to hereditary responsibility and inherited liability. The author comments on the limited historical sources and bibliographical information relating to this concept and attempts to uncover more information about the legal aspects of promissio indemnitatis. He analyzes the relationship between promissio indemnitatis and the ideas of aditio mandatum creditorum and pactum ut minus solvatur, which relate to debt and credit.

Generally the Debtor is liable of the accomplishment of the debts face the Creditors with the whole present and future Patrimony. In case of the Creditors Concurrence it is possible that the possessions of the Debtor prove to be insufficient to solve the amount of the concurrents credits. When occur so it is possible to subject the concurrents Creditors on equalizing treatment(par conditio), so that every one receive of the product of the patrimony execution of the debtor a proportional portion to the amount of the respective Credit(rule of the proporcionality). Bat, in place of this solution, in the moderns Laws it is opted by to recognize to specified Credits an special or general Preference by is possible that this Credits to be satisfied with primacy face another credits without preference. In the insolvency Proceedings the system of the Credits with Preference is regulated in the Law 23/2003, Concursal. In the individuals executions Proceedings, the system in force is regulated in the Civil Law. Bat, the necessity to adopt modern ways and to harmonize this last system with the Concursal Law, command adopt a course of action to it reconstruction. [ABSTRACT FROM AUTHOR]