Konkurtso-esparru berria, krisialdia dela bide : 3/2009 Errege Dekretu-legea ekarritako aldaketak banan-banan eta horien ondorio esanguratsuenak

Résumé

Royal Decree-Law 3/2009 on urgent tax, financial and insolvency law measures was published in the Official State Gazette on 31 March 2009. Indeed the economic crisis that we are currently experiencing has had a direct repercussion in many areas and, therefore, some legal texts have had to be amended. In this article we will discuss only those measures relating to insolvency. In this regard, the Royal Decree does not introduce a comprehensive reform of the system, but a series of amendments concerning those aspects where the crisis has had a particular impact. Therefore, we provide a version of the amended text in Basque and discuss whether or not it has achieved the designated objectives in the account of the grounds of the aforementioned regulation. In general, the purpose of any bankruptcy proceeding is the mainte-nance of the affected business activity as far as possible, and, accordingly, among the likely solutions of the process, the agreement on insolvency has always prevailed over that of bankruptcy. Following the same line, the reform also intends to strengthen that objective, reason why special relevance has been given to refinancing agreements, through the fourth additional clause and Article 5.3. Furthermore, the Royal Decree-Law 3/2009 also refers to other objectives such as to expedite the procedures of insolvency proceedings and thus the resulting reduction of costs, or to improve the situation of workers of the company subject to insolvency proceedings. More than a year on since the aforementioned reform, we will discuss to what extent these objectives been achieved and what may befall the situation in the future from now on.