Interés general sobre particular : las normas concursales preventivas sobre las normas especiales de materia.

Abstract

The Bankruptcy Law in Ecuador has proven to be insufficient, ineffective and not very useful to effectively address business crises, as it does not provide real solutions to the problems arising from the cessation of payments, which may occur for internal or external reasons to companies. This thesis examines the deficiencies of the law, highlighting the problems in the treatment of labor and tax credits and, in general, credits accrued from state institutions with respect to the treatment with the other global credits of the company, which degenerates into violations of the essence of the preventive bankruptcy: to be a universal agreement that regulates the relations between the company and its creditors and to preserve the business. The study identifies that, although labour, tax and other state claims have priority in the bankruptcy process, bankruptcy agreements could fail due to the lack of adequate regulations that protect the general interest over the matter. This thesis proposes a new Law for Preventive Business Bankruptcy that addresses solutions to these deficiencies. The proposal suggests the integration of principles of universality and equity, to offer a more effective and fair legal framework, facilitating the recovery of companies in difficulty and protecting the rights of creditors in a balanced and transparent manner.