La posición de los terceros garantes personales y reales ante las modificaciones introducidas en un convenio en el concurso de acreedores

Abstract

This paper studies the effects produced by the judicial approval of a creditors agreement on the position of the personal and real guarantors under the provisions of article 399 TRLC which establishes a diverse regime based on whether or not the holder of the security has agreed to the creditors agreement. The work addresses what is the basis or ratio of these provisions in bankruptcy and whether they correspond to the general rules of obligations. In addition, in the absence of an agreement, the possibility of applying the release of the guarantor is being studied in the cases contemplated in articles 1851 and 1852 CC. These measures are provided for the guarantor but their basis or ratio is applicable to the non-debtor real guarantor