Abstract

RICHARD, Efraín Hugo. METHODOLOGYONABUSIVENESS OFPROPOSALSIN THE BANKRUPTCY OF COMMERCIAL COMPANIES. Rev. Fac. [online]. 2017, vol.8, n.1, pp.1-20. ISSN 1850-9371.

How is the abuse of law or fraud to the law determined in a bankruptcy proposal? The jurisprudence is limited to formalize that consideration with quantitative criteria, complicated with devaluation of currency, time of fulfillment and role of interests. We consider that the question must be faced with a methodological change that relegates that consideration to bankruptcy of human persons, but use systemic normological criteria for the case of legal persons. This will allow the judges to fulfill the role imposed to them by art. 52 ap. 4 of Law 24522 (LCQ) not to validate proposals or agreements with abuse of rights or fraud to the law.

Keywords : Preventive competition: solutions - Lawful proposals - Agreements homologable - Companies in bankruptcy or crisis -Abuse of law in the proposal - Fraud to corporate law in bankruptcy agreements..

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