La reforma de la responsabilidad de administradores por no disolución en el Proyecto de Ley de reforma de la Ley Concursalexamen crítico

  1. Daniel Rodríguez Ruiz de Villa
  2. María Isabel Huerta Viesca
Journal:
Revista General de Insolvencias & Reestructuraciones: Journal of Insolvency & Restructuring (I&R)

ISSN: 2697-0694

Year of publication: 2022

Issue: 5

Pages: 219-258

Type: Article

More publications in: Revista General de Insolvencias & Reestructuraciones: Journal of Insolvency & Restructuring (I&R)

Abstract

A first critical approach to one of the reforms of corporate law in the Draft Bill to reform the Bankruptcy Law. At the same time as the substantial aspects in which the liability regime of capital company directors is reformed due to non-dissolution, the interpretative doubts suggested by the projected legal text are noted. We also refer to various aspects of this very important liability regime that, currently lacking regulation and conflictive, would be positive for legal security, in our opinion, that the legislator take advantage of it to regulate, once the melon of the legal reform of this matter is opened. We conclude the paper with some proposals for the revision of the reform, both to integrate its gaps and to overcome the interpretative doubts that we appreciate in our first review.