Abuse of the "third route" in corporate bankruptcy

Abuse of corporate bankruptcy agreements that impede their ratification by the courts has led to a praetorian response of adjustment: the “third route”, with various modalities. This paper aims to prevent the judicial attempt to adjust the solution from unintentionally breaking the law, and thus con...

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Autor principal: Richard, Efraín Hugo
Formato: Artículo revista
Lenguaje:Español
Publicado: Facultad de Derecho 2014
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Acceso en línea:https://revistas.unc.edu.ar/index.php/refade/article/view/11446
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Sumario:Abuse of corporate bankruptcy agreements that impede their ratification by the courts has led to a praetorian response of adjustment: the “third route”, with various modalities. This paper aims to prevent the judicial attempt to adjust the solution from unintentionally breaking the law, and thus constituting an abuse of law, if not outright fraud in terms of corporate law.