The disqualification of the bankrupt debtor natural person

Abstract

The culpable qualification of the bankruptcy supposes the disquali- fication of the  debtor  natural person  to represent  any  person  and  to manage other people’s assets  during  a period  of 2 to 15 years.  It is a civil  penalty  to a civil  illicit in  insolvency that  determines the  prohibition of  holding the  voluntary representa- tion  of third  parties,  as well as the representation of legal entities (associations and foundations), or of patrimonies  (collective separate  patrimony in  which the  com- munity of  owners consists in  horizontal property  regime  or  protected heritage  of people  with disabilities). In  the  same  way,  although it does  not  prevent  exercising parental  authority over  children, (in  relation  to the  duties and  rights  of education,  care, assistance …) or the guardianship of the person  of minors or disabled  persons, it does  prevent  the administration of their  goods  and  the  exercise  of representative functions in  the  patrimonial sphere.  Also, by application of the  causes  of inability of the  tutors, the  culpable qualification of the  bankruptcy prevents the  position of curator  or judicial defender.  The prohibition of administering the property  of others also entails the impossibility of acting  as the defender  of the disappeared person  or as the legitimate or dative representative of the absentee. It also implies the prohibition to administer assets  of collective  property  of marriage,  corresponding management to the  other  spouse, by judicial resolution, in  the  face of the  subjective situation of permanent inability to give consent in which the disqualificated spouse finds  himself.