Reflections on the response of the legal system to insolvency and its legal penalty

Abstract

The elementary idea of breach of legal duty and subjection of the debtor’s assets to the activity of the court to meet the liability incurred, commonly shared in the venue of forced execution, requires important nuances in insolvency proceedings. The present contribution goes into the study of the timely and adequate reaction of the legal system to insolvency, delving into the special features of its jurisdictional protection in the bankruptcy process and its reproach in criminal proceedings.