LA ACUMULACIÓN DE LOS CONCURSOS DE ACREEDORES DE AMBOS CÓNYUGES.

Abstract

Through a reading of diverse rulings drawn from case law, this study endeavours to offer a complete analysis of joinders of creditors' claims against two spouses. The paper also shows how, given the unfortunate lack of attention devoted in our Bankruptcy Act to the issue of the bankruptcy of private individuals, our court system has mostly been tolerant of the joinder of creditors' claims against both spouses in hypotheses not accepted by legislation. This controversial tendency is an obvious example of the creation of law by jurisprudence, which appears to have been crystallized in the Bill To Reform Act 22/2003 of 9 July on Bankruptcy, presented by the government on 23 March 2011, which expressly welcomes solutions engendered in courts, without foundations in any citable law.