The questionable constitutionality of the legal regulation of the measures restricting the debtor fundamental rights within the insolvency proceedings

  • Manuel Díaz Martínez Universidad Nacional de Educación a Distancia
DOI: https://doi.org/10.18543/ed-59(2)-2011pp259-276
Keywords: Bankruptcy Law, constitutionality, commercial law, debtor, commercial judge, commercial code, principle of legality, principle of proportionality

Abstract

The Regulation contained in the LO 8/2003, 9 July, for the bankruptcy reform supposes a relevant improvement in relation to the LEC of 1881 and the Code of Commerce of 1829, because it unifies in a legal text the other law,but it also establishes as a unique goal the accomplishment of the purpose of the bankruptcy process, abolishing the automatic and repressive effects that the former laws had. However, the LO 8/2003, 9 July, for bankruptcy reform, has in its essential aspects vagueness and inaccuracies, which makes the requirements of certainty and security unfulfilled, which results in serious doubts regarding its constitutionality. 

Published online: 02 December 2014

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Author Biography

Manuel Díaz Martínez, Universidad Nacional de Educación a Distancia
Profesor Titular de Derecho Procesal
Published
2014-12-02
How to Cite
Díaz Martínez, Manuel. 2014. “The Questionable Constitutionality of the Legal Regulation of the Measures Restricting the Debtor Fundamental Rights Within the Insolvency Proceedings”. Estudios De Deusto 59 (2), 259-76. https://doi.org/10.18543/ed-59(2)-2011pp259-276.
Issue
Vol. 59 No. 2 (2011)
Section
Notes

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