Communication and recognition of loans in a case of bankruptcy: special reference to the guarantees and surety bonds credits (Part 1)

Abstract

The competition has affected the bond contract establishing a special regulation amending the common law of bail contained in the Civil Code. The position of guarantor in communication and recognition is crippled in that the insolvency law establishes the preeminence of the main creditor at the time of recognition of their claims and collected. This article carries out an analysis of positive law contained in the bankruptcy law regarding the rights of the main creditor and the rights and activities to which the guarantor in the competition, both when it has fully made the payment to principal creditor when He has made a partial payment, be it preconcursal as postconcursal.