Vol. 61 (2023): Thematic issue: Reform of the Insolvency Law
Research articles

A comparison of the debts excluded from the regime of unpaid amounts in Chilean insolvency law and the exoneration of unsatisfied obligations in Spanish insolvency law

Alberto Sanz Sanz
Universidad Católica del Norte

Published 2024-01-24

Keywords

  • Unpaid balances ,
  • exoneration of unsatified liabilities,
  • obligations

How to Cite

Sanz Sanz, A. (2024). A comparison of the debts excluded from the regime of unpaid amounts in Chilean insolvency law and the exoneration of unsatisfied obligations in Spanish insolvency law. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 61. https://doi.org/10.4151/S0718-68512023002-1404

Abstract

Law 21.563 has modified Law 20.720, related to bankruptcy proceedings, in different aspects, the most interesting for this work being the one that affects the regime of discharge, whose regulation will enter into force on August 11, 2023. On the other hand, the entry into force in Spain of the consolidated text of the Bankruptcy Law on September 1, 2020, has meant an important review of the discharge. This work aims to make a comparison, by studying the regulation of both national bankruptcy regulations, of the treatment that national legislators carry out to the second chance mechanism, to make proposals for the possible improvement of the treatment of the discharge regime.