Abstract
the aim of this article is to deal with the Spanish rules for the winding up of an insolvent company, taking into special consideration the legal preference for transferring the whole of it to any person or to sell the same in parcels. We are of the opinion that this system for winding up the assets and rights of the debtor only proceeds. If it is able to comply with the main goal of this judicial procedure: the creditors satisfaction. Furthermore, it outlines that it is in the public interest that buyers have legal certainty about what it is going to happen with the real guarantees on the assets, and whether or not debts, credits and contracts of the debtor are transferred to the buyer if the company as a whole is sold.
| Original language | Spanish |
|---|---|
| Pages (from-to) | 0049-96 |
| Number of pages | 48 |
| Journal | Anuario de derecho concursal |
| Volume | 24 |
| Issue number | 3 |
| Publication status | Published - 2011 |
Keywords
- Concurso de acreedores
- Liquidación
- Unidad productiva
- Venta de empresa
- Bankruptcy
- Winding up
- Sale of company