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LA SEGUNDA OPORTUNIDAD DEL DEUDOR PERSONA INDIVIDUAL EN DERECHO ESPAÑOL Y EL REAL DECRETO-LEY 1/2015.

Authors :
POMAR, FERNANDO GÓMEZ
Source :
Actualidad Jurídica (1578-956X). 2015, Issue 40, p52-67. 16p.
Publication Year :
2015

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]

Details

Language :
Spanish
ISSN :
1578956X
Issue :
40
Database :
Academic Search Index
Journal :
Actualidad Jurídica (1578-956X)
Publication Type :
Academic Journal
Accession number :
111619498