1. ¿Qué puede hacer el acreedor en el incidente de calificación del proceso concursal? ¿Es vinculante para el juez la calificación fortuita de la sindicatura o intervención?
- Author
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PEREIRA CAMPOS, SANTIAGO and VERA PACALUK, MICAELA
- Subjects
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LEGAL judgments , *INTERNATIONAL law , *DEBTOR & creditor , *JUDGES , *BANKRUPTCY - Abstract
This article analyzes the role of the creditor in the qualification incident of the bankruptcy process. The objective of the work is to examine the creditor's role in this incident in light of the pro actione principles and conventional control. The article concludes that the denouncing creditor has the status of a party in the qualification incident and has the power to allege facts, offer evidence, and oppose the qualification proposed by the Syndicate or Intervention. Additionally, it is mentioned that the law establishes that, in the absence of regulation, the General Code of Procedure will be applied. In Spain, the law has been modified to expressly recognize the creditor's status as a party in the qualification incident. The recent second instance ruling of the 7th TAC marks a fundamental change in jurisprudence, allowing the denouncing creditor to prove the facts in the qualification incident of the bankruptcy. The article analyzes the possibility of opposition in the bankruptcy process and the qualification of the bankruptcy as fortuitous. It is highlighted that, due to the elimination of the intervention of the Public Ministry, the judge is not bound by the Syndicate's opinion. Additionally, the importance of conducting conventional control to harmonize national law with international law is mentioned. The document provides a list of bibliographic references and judicial rulings related to Uruguayan jurisprudence on the qualification of bankruptcy. The main author of this study is Santiago Pereira Campos, who is responsible for 50% of the work, while Micaela Vera Pacaluk is responsible for the other 50%. The document was published in the Journal of Law and can be accessed through its ISSN and online link. [Extracted from the article]
- Published
- 2022
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