Abstract

GOLDENBERG SERRANO, Juan Luis. Justification and means of protection of "rescue financing. Rev. Derecho Privado [online]. 2014, n.26, pp.351-384. ISSN 0123-4366.

The modern trends of insolvency law have enhanced models that pursue corporate reorganizations, in order to grant tools that allow their effective development. One of the main obstacles in such objective is the problem to fulfil the liquidity require ments that are demanded for the continuity of the going concern. For such purpose, first based in a contractual approach, and, then, in legal regulation, some formulas have been created in order to protect "rescue financings". However, their logic must consider both the incentives given to those who grant fresh money to finance the rescue plans and, also, the protection of pre-insolvency creditors in order to impair an abusive use of the figure.

Keywords : Rescue financing; fresh money; corporate rescue; Insolvency Law.

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