CONFLICTO ENTRE PREFERENCIAS CONCURSALES Y SINGULARES. CRÉDITO SALARIAL VERSUS HIPOTECA.

Abstract

Written after the Decision of the Directorate- General of Registries and Notarial Affairs, this paper seeks to address the always-complicated problem of the conflict between cases of preference due to business reasons and cases of preference due to legal reasons, be it in a singular enforcement proceeding or a collective enforcement proceeding. This problem becomes pricklier when dealt with outside a creditors' meeting, especially if there is no ranked list of definitive privileges governing the affair, because the outcome will eventually differ, albeit not in substance, from the closed list of privileges called for by the Act on Creditors' Meetings.