La verdadera calidad procesal del síndico y su actuación dentro del proceso.

Abstract

Our legal system recognises the legal figure of the bankrupt and the trustee, as far as substantive law is concerned, however, in adjective or procedural law our legislation as well as our case law is vague on this issue. One of the problems that arises in our procedural legislation is whether the trustee should really act as the legal representative of the insolvent party or whether he should act on his own rights as a procedural substitute. This discussion arises from the legislative configuration itself, which in 2 articles grants different procedural qualities to the trustee, highlighting that they are totally contradictory. For this reason, this paper will analyse the real procedural quality of the trustee in the process with respect to the insolvent party, and will base its conclusion on the work to be carried out by the trustee and the interests that he represents in the whole process. Furthermore, the figure of the procedural substitute will be analysed in order to propose an adequate delimitation within our procedural legal system.