La tutela cautelar en los procedimientos concursales de carácter internacionaluna aproximación europea

Abstract

Globalisating process has implied, among other aspects, the internationalisation of economic structures. Consequently, each time more, insolvency proceedings have a transnational dimension, aecting goods and rights of the debtor placed at the territory of dierent States. In this context, preservation measures become specially relevant because the success of the insolvency proceeding may depend on this kind of measures that ensure assets which form part of the estate since the main proceeding is opened abroad until its recognition in the State where debtor´s assets are placed at. Otherwise, the debtor would have time enough to evade his goods and creditors, to dispose of assets without taking into consideration the right of pre-emption. This article deals with general problems of preservation measures adopted in international insolvency proceedings, as well as its legal treatment by Council Regulation (EC) n.º 1346/2000, of 29 may 2000 and Insolvency Law 22/2003