La mediación concursal en el acuerdo extrajudicial de pagos

Identifier:  TDX:3000

Handle: https://hdl.handle.net/20.500.11797/TDX3000

Authors:  Sánchez Corredor, Alba

Abstract:
This research work is aimed at the study of the Extrajudicial Payments Agreement (AEP). This insolvency figure introduced by law 14/2013, of 27 September, supporting entrepreneurs and their internationalization, as well as the institution of the Bankruptcy mediation. An analysis of the different bankruptcy institutions of other countries will also be carried out to have a comparative law view. This work is framed in a context of economic crisis in which the Spanish legislator seeks, from various legislative reforms, to encourage business activity by establishing measures that seek to avoid the belief of potential Entrepreneurial that the beginning of this business or professional activity will determine, in the event that it comes to be in a situation of economic crisis, an eternal obligation to pay against its creditors if they have fulfilled the duties and Legally established obligations. Despite the legislator's efforts, it continues to be debated whether the AEP can fulfil its pursued objectives, that is, whether it can act as a second chance or, on the contrary, we are facing another previous mechanism to proceed to the subsequent competition and, in turn, the Liquidation of business or professional activity.