Análisis del concurso de acreedores para personas naturales y propuesta de reformas al Código Orgánico General de Procesos

Abstract

Abstract: This academic document analyzes the necessary bankruptcy procedure required for natural individuals; its purpose is to identify legal ambiguities or deficiencies in the bankruptcy procedure and propose solutions through reforms to the General Organic Code of Procedure to address the identified deficiencies. To determine whether there are deficiencies in the COGEP bankruptcy procedure, a study is conducted on these procedural regulations, including the procedure and the rights of creditors and debtors; it is compared with the procedural regulations of other Latin American countries, and its advantages and disadvantages are analyzed. To practically determine the procedural problems associated with this procedure, a survey was conducted among dozens of lawyers who, in their professional practice, face the problems that arise in the conduct of proceedings when there are deficiencies in the procedural regulations. The data obtained from the surveys, the procedural regulations, and the comparative study are analyzed to identify deficiencies and legal loopholes in the bankruptcy procedure and to suggest reforms to some articles of the COGEP.