Competing Law

If its intention is to urge a contest of creditors, will have to resort for its preparation to a specialistic lawyer in the matter. Perhaps it has " the one of all the vida" , that he is shining even in other areas, and extremely willful at the time of assuming the new order. Or even that cannot refuse it, indeed on the basis of the had personal relations. But the experience recommends to go in this way to a professional in the matter, that will aly priori have a more or less clear idea on the possible consideration or not like culprit of the contest, and that the administrator responds personally. &quot are assumptions; iuris ET iure" , that is to say, that automatically detonates the culpability, 164,2 Art.s Competing Law, and others " iuris tantum" or susceptible of test in opposite, Art.s 165, that although they do not assure either the indemnity of the administrator do not have the certainty of first, that as tenth they operate " de facto ". If they verify themselves first, the best advice supposes to try to elude the procedure exploding to the maximum whichever alternatives for the reflotamiento of the company they happen through our imagination. Like if on the seconds reasonable doubts exist. Contractual renegotiations of debt, payments, commitments and commercial conditions.

Extrajudicial returns of merchandise, daciones in payment, acquittals and delays. All of them are measured that can surprise to us with their benevolence. Said which, if it is followed ahead, once presented/displayed the demand of voluntary contest, is very possible that we are required to contribute to additional documentation and/or explanations. Frequently more things are even asked for than those than the own law establishes in its article 6. A specialistic lawyer in the matter, will anticipate itself to the requirements, which will save time, that in adverse circumstances and if the company can have viability, it turns out to be most valuable. Rafael Linares. Labour and mercantilista lawyer. Original author and source of the article.

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