¿ES COMPETENTE EL JUEZ DEL CONCURSO PARA EL CONOCIMIENTO DE LAS EJECUCIONES HIPOTECARIAS SOBRE BIENES NO AFECTOS A LA ACTIVIDAD EMPRESARIAL?

Abstract

Who holds judicial competence to hear a mortgage foreclosure when the borrower has been declared bankrupt? This is a problem that is highly disputed in doctrine and in jurisprudence, and it has yet to be definitively settled. Logical, systematic arguments, legislative precedent and the very nature of the bankruptcy procedure itself (the setting where mortgage credits are brought to the fore) require, in the authors' judgement, that separate foreclosure on assets not related with the borrower's business activity be handled within the bankruptcy proceedings, the same as separate foreclosure on business-related assets.