RT info:eu-repo/semantics/bachelorThesis
T1 Sobre la Venta de la Unidad Productiva
A1 González Martín, Pedro
A2 Grado En Derecho
K1 Empresa
K1 Empaquetamiento previo
K1 Insolvencia
K1 Deudor
K1 Acreedor
K1 Venta
K1 Oferta
K1 Experto Independiente
K1 Pre-concursal
K1 Concursal
AB The purpose of this work is to know the particularities that a new procedure presents-the pre-pack or previous packaging- within Bankruptcy Law.We will analyze the impact it has had in neighboring countries, specifically in thecountries of the United Kingdom and the Netherlands. Which and in advance to Spainhave made use of this mechanism. At the same time, we will clarify the mostrepresentative differences between the two laws, as well as the figures that respectivelymake the achievement of this procedure possible.Later we will develop with a greater level of detail how this figure has beenintroduced in our country, for this we will make use, among other doctrinal criteria, ofthe jurisprudential agreement by the Commercial Judges of Madrid in collaborationwith the Illustrious College of Lawyers and the College of Economists, who havecarried out a Guide of good practices precisely for the voluntary application of the Prepack.On the basis of said agreement, we will analyze the budgets that in the prebankruptcy phase have to attend to be able to attend the Pre-pack, and later we will seethe scope of said agreements in the bankruptcy phase.By going to the Pre-pack it is intended to take advantage, at a time prior to thedeclaration of the bankruptcy, an instance of the debtor in insolvency, the preparation ofa public, transparent and concurrent procedure for the sale of the Productive Unit; thusavoiding the damage caused by the delays that the traditional system entails.For a better understanding, we will place real emphasis on the figure of theindependent expert as a key agent in this procedure, as well as on the concept of theproductive unit, as a primary element of this novel system of action.
YR 2021
FD 2021
LK http://riull.ull.es/xmlui/handle/915/24807
UL http://riull.ull.es/xmlui/handle/915/24807
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 25-abr-2024