The Institution of Insolvency and the enforcement of the justice. An historical analysis of judgments.

Abstract

This article focuses on the role of legal bankruptcy institution to promote the enforcement of both, mediation and justice among creditors. It tries to achieve an equal treatment to creditors in similar. In particular, this piece of work deals with both former and current Spanish insolvency procedure.  In this analysis, it is possible the loss of primacy of the par condicio creditorum towards new values introduced by the new insolvency act. The article concludes with a strong call to preserve a just treatment among creditors as tool to strength both the uphold of the credit and the protection of investments.