1. LA SEGUNDA OPORTUNIDAD DEL DEUDOR PERSONA INDIVIDUAL EN DERECHO ESPAÑOL Y EL REAL DECRETO-LEY 1/2015.
- Author
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POMAR, FERNANDO GÓMEZ
- Subjects
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DEBTOR & creditor , *PRIMACY effect (Learning) , *DEBT relief , *DEBT laws , *BANKRUPTCY , *ECONOMICS - Abstract
The article presents a preliminary analysis of the rules on fresh start and debt relief for individual debtors to be found in the recent Spanish Real Decreto-ley 1/2015, de 27 de febrero (RDL 1/2015). The new rules are presented in the context of the traditional preeminence of the rule of unlimited liability of individual debtors under Spanish Law, as well as the limited steps undertaken in Spanish Law to limit such primacy, specially since 2013. The main economic benefits and disadvantages of debt relief for individual debtors are reviewed, and the main solutions introduced by the new Spanish legislation are covered, both those essentially inspired by the Entrepreneurship Act of 201 and those newly designed by RDL 1/2015. Finally, the paper attempts at a first evaluation of the main choices made by Spanish Law in this area. [ABSTRACT FROM AUTHOR]
- Published
- 2015