Abstract

MIGUENS, Héctor José. Current issues and Reform Proposals de lege lata and de lege ferenda to the Private International Insolvency Law of Argentina and the MERCOSUR. Díkaion [online]. 2020, vol.29, n.1, pp.92-164. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.1.4.

This paper aims to perfunctorily study the status quaestionis and lege lata and, particularly, lege ferenda proposals of private international insolvency law in the Argentine Republic and Mercosur, considering the legislative activity of international agencies, non-governmental organizations, and scientific and professional entities on ​​international bankruptcy law in the last 30 years. It echoes the initiatives developed by institutions such as the World Bank, the International Monetary Fund, Insol International, Insol Europe, the International Insolvency Institute, the American Bankruptcy Institute, the American Law Institute, and the International Bar Association, as well as current regulations such as the European Insolvency Regulation of 2000 and 2015. The author proposes adopting regulations such as the Argentine cross-border insolvency bill of 2002-with some amendments and additions-, inspired by the UNCITRAL Model Law on Cross-Border Insolvency of 1997.

Keywords : Private international law; international insolvency law; Argentine private international insolvency law; Mercosur law; international insolvency; international business reorganization; chapter fifteen of the United States Bankruptcy Code; European insolvency law..

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )