ASPECTOS REGISTRALES DEL CONCURSO DE ACREEDORES DE LA PERSONA CASADA EN RÉGIMEN DE COMUNIDAD.

Abstract

Current bankruptcy legislation states that the joint property of a bankrupt person who is married in a community property system must be incorporated into the assets to which creditors may lay claim. In these cases, we must study the situation in which the other spouse is placed and the requirements that must be observed with respect to that spouse in order for the bankruptcy to be registered, given the requirements of the rule of chain of title. Furthermore, because new attachments on the bankrupt person's assets cannot be ordered once bankruptcy has been declared, and therefore some of the creditors who under normal conditions could pursue the said assets cannot place attachments on the assets or be taken into account in the meeting of creditors, a discriminatory situation arises that is contrary to the rule of universal capital liability. This rule, and the special features involved in the conjugal ownership of assets, lead us to suggest that the barring of further entries does not apply to creditors of the non-bankrupt person who are not included in the creditors' meeting; and we are moreover moved to study the requirements of the caveats that could be entered in these cases. Lastly, the protection that third parties enjoy against action for repayment will take on a certain special nature in the case of married bankrupt persons, especially if the married bankrupt persons acquired property that is recognised by the spouse as not belonging to their community property (Property such as this is part of the body of assets to which creditors may lay claim, but before the bankruptcy it can be conveyed only by the non-bankrupt person).