The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy

Alexis Matias Marega

doi:doi:10.11648/j.ijls.20220504.13

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The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy

Alexis Matias Marega

Published in International Journal of Law and Society (Volume 5, Issue 4)

Received: 17 July 2022 Accepted: 29 July 2022 Published: 4 November 2022

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Abstract

The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.

Published in	International Journal of Law and Society (Volume 5, Issue 4)
DOI	10.11648/j.ijls.20220504.13
Page(s)	359-370
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Liability, Bankruptcy, Liquidation, Administrators, Companies

References

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Alexis Matias Marega. (2022). The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. International Journal of Law and Society, 5(4), 359-370. https://doi.org/10.11648/j.ijls.20220504.13

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Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int. J. Law Soc. 2022, 5(4), 359-370. doi: 10.11648/j.ijls.20220504.13

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AMA Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int J Law Soc. 2022;5(4):359-370. doi: 10.11648/j.ijls.20220504.13

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@article{10.11648/j.ijls.20220504.13,
  author = {Alexis Matias Marega},
  title = {The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {359-370},
  doi = {10.11648/j.ijls.20220504.13},
  url = {https://doi.org/10.11648/j.ijls.20220504.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.13},
  abstract = {The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.},
 year = {2022}
}

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TY  - JOUR
T1  - The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy
AU  - Alexis Matias Marega
Y1  - 2022/11/04
PY  - 2022
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DO  - 10.11648/j.ijls.20220504.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 359
EP  - 370
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.13
AB  - The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.
VL  - 5
IS  - 4
ER  -

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Author Information

Alexis Matias Marega

Faculty of Law and Political Science, Catholic University of Santa Fe, Santa Fe, Argentina

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Plain Text BibTeX RIS

APA Style

Alexis Matias Marega. (2022). The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. International Journal of Law and Society, 5(4), 359-370. https://doi.org/10.11648/j.ijls.20220504.13

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ACS Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int. J. Law Soc. 2022, 5(4), 359-370. doi: 10.11648/j.ijls.20220504.13

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AMA Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int J Law Soc. 2022;5(4):359-370. doi: 10.11648/j.ijls.20220504.13

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@article{10.11648/j.ijls.20220504.13,
  author = {Alexis Matias Marega},
  title = {The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {359-370},
  doi = {10.11648/j.ijls.20220504.13},
  url = {https://doi.org/10.11648/j.ijls.20220504.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.13},
  abstract = {The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy
AU  - Alexis Matias Marega
Y1  - 2022/11/04
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220504.13
DO  - 10.11648/j.ijls.20220504.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 359
EP  - 370
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.13
AB  - The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.
VL  - 5
IS  - 4
ER  -

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