The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy

Alexis Matias Marega

doi:doi:10.11648/j.ijls.20220504.13

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The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy

Alexis Matias Marega

Published in International Journal of Law and Society (Volume 5, Issue 4)

Received: 17 July 2022 Accepted: 29 July 2022 Published: 4 November 2022

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Abstract

The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.

Published in	International Journal of Law and Society (Volume 5, Issue 4)
DOI	10.11648/j.ijls.20220504.13
Page(s)	359-370
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Liability, Bankruptcy, Liquidation, Administrators, Companies

References

[1]	Abdala, M. (2012). The insolvency action of liability in Argentine law. Legal Opinion Magazine, vol. 11, p. 105-115.
[2]	Achares Di Orio, F. (2012). The bankruptcy action of responsibility and the social action of responsibility of the administrators of the commercial companies. RDCO, No. 254, p. 809.
[3]	Acuna Rodarte, O. and Meza Castillo, M. (2010). Mirrors of the world economic crisis: the food crisis and the alternatives of basic grain producers in Mexico. Arguments, No. 23, Vol. 63, pgs. 189-209. Retrieved from https://bit.ly/2OgQtrj. Last revision 03/02/2021.
[4]	Alegría, H. (2009). Entrepreneurship and non-patrimonial human aspects in insolvency. Santa Fe: Rubinzal Culzoni.
[5]	Alexy, R. (2008). On the Concept and Nature of Law. Ratio Juris, No. 21, p. 292-293.
[6]	Alexy, R. (2009). The main elements of my philosophy of law. Notebooks of Philosophy of Law, No. 32, p. 67 – 84.
[7]	Alterini, J. (2017). Functions of civil responsibility. Buenos Aires: The Law.
[8]	Calvo Costa, C. (2015). Compensable damage. Its conception in light of the Civil and Commercial Code. RCyS, 2015-IV, p. 81.
[9]	Chiviassa, A. & Ojeda, J. (2020). The incidence of third parties in bankruptcy. Business Law Magazine, Vol. 21, pp. 459-485.
[10]	DeGeus, A. (1998). The living company Castilian translation of Jorge Gorín. Buenos Aires: Garnica.
[11]	Dominguez Martin, R. (2011). Corporate global social responsibility (RSGE): the private sector and the fight against poverty. Magazine of the Ministry of Labor and Immigration, No. 76.
[12]	Gómez Nieto, B. and Martínez Domínguez, R. (2016). Ethical values in corporate social responsibility. Anagrams. University of Medellin, No. 14, Vol. 28, pgs. 39.
[13]	Gudynas, E. (2016). The political ecology of the global crisis and the limits of benevolent capitalism. icons. Journal of Social Sciences, No. 23, p. 60.
[14]	Halperin, I. (1974). Anonymous Societies. Critical examination of the disc. Law 19550. Buenos Aires: Depalma.
[15]	Herrera, M.; Caramelo, G. and Picasso, S. (2015). Annotated Civil and Commercial Code. Volume I and IV. Buenos Aires: Infojus.
[16]	Hervada, J. (1988). Notes for an exhibition of classical legal realism. University of Navarra, p. 281-282.
[17]	Jeantin, M. & Le Cannu, P. (2007). right Commercial, Entreprises en difficulté. Paris: Dallos.
[18]	Junyent Bas, F. & Ferrero, L. (2014). The accumulation and budgets of origin of the social and bankruptcy actions of responsibility of the administrators, DCCyE, 2014, pp. 1-11.
[19]	Junyent Bas, F. and Molina Sandoval, C. (2019). Annotated Bankruptcy and Bankruptcy Law. Volume II. Buenos Aires: The Law.
[20]	López Rodriguez, C. (2016). Insolvency liability of corporate administrators. De facto administration and bankruptcy deficit. Comparative study with Spanish and Argentine legislation. Montevideo: The Uruguay Law.
[21]	Marcos, F. (2019). Bankruptcy liability actions. In Alegría, H. (ed.), Insolvency II, Journal of Private and Community Law (pp. 431-482). Santa Fe: Rubinzal Culzoni.
[22]	Marega, A. (2020). The crisis of crisis law: analysis of the need to reform Argentine bankruptcy law. the DC2D17 Dial.
[23]	Marega, A.; Maggio, R. & Echeverria Block, T. (2021). Legal Entities, first part. Santa Fe: Editorial Catholic University of Santa Fe, Santa Fe.
[24]	Mosset Iturraspe, J. (2013). The exercise of rights: good faith, abuse of rights and abuse of dominant position. Private and Community Magazine 2012-2, pp. 70.
[25]	Richard, E. (2018). Corporate crisis and liability of administrators, at least in Argentine law. Journal of business law, Commercial School of Córdoba and its projections, V. 17, pp. 5-46.
[26]	Richard, E. & Cocco, M. (2021). Planning and responsibility. That is not talked about (about corporate crisis law). RDCO, 306, p. 105.
[27]	Rivera Restrepo, J. (2016). Diligence as an element of the right of option of the creditor. Law Review, No. 20, pgs. 3-10.
[28]	Rivera, J. (1997). Bankruptcy law institutions. Volume II. Santa Fe: Rubinzal Culzoni.
[29]	Rivera, J. & Crovi, L. (2018). Civil Law General Part. Second edition. Buenos Aires: Abeledo Perrot.
[30]	Villanueva, J. (2019). The responsibility of directors in the event of company insolvency. Law 2019-D, pgs. 1033.
[31]	Vitolo, D. (2007). Commercial Companies, law 19,550 commented. Volume I and IV. Santa Fe: Rubinzal Culzoni.
[32]	National Commercial Chamber, Room E: Lopez, Mabel c/ Hapes, Farid and another, 08/10/2009. Lexis 70056153 and RDPC 2010-1, pgs. 622-23.
[33]	Riggs v. Palmer, 115 NY 506 (1889). Tab.
[34]	Gerbaudo, G. (2020). The prevention of insolvency, the duties of corporate administrators in avoiding damage and their bankruptcy responsibility for the lack of a timely presentation in preventive bankruptcy. Doctrina Societaria y Concursal ERREPAR (DSCE). Febrero.

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APA Style

Alexis Matias Marega. (2022). The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. International Journal of Law and Society, 5(4), 359-370. https://doi.org/10.11648/j.ijls.20220504.13

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Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int. J. Law Soc. 2022, 5(4), 359-370. doi: 10.11648/j.ijls.20220504.13

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AMA Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int J Law Soc. 2022;5(4):359-370. doi: 10.11648/j.ijls.20220504.13

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@article{10.11648/j.ijls.20220504.13,
  author = {Alexis Matias Marega},
  title = {The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {359-370},
  doi = {10.11648/j.ijls.20220504.13},
  url = {https://doi.org/10.11648/j.ijls.20220504.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.13},
  abstract = {The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.},
 year = {2022}
}

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TY  - JOUR
T1  - The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy
AU  - Alexis Matias Marega
Y1  - 2022/11/04
PY  - 2022
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DO  - 10.11648/j.ijls.20220504.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 359
EP  - 370
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.13
AB  - The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.
VL  - 5
IS  - 4
ER  -

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Author Information

Alexis Matias Marega

Faculty of Law and Political Science, Catholic University of Santa Fe, Santa Fe, Argentina

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Plain Text BibTeX RIS

APA Style

Alexis Matias Marega. (2022). The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. International Journal of Law and Society, 5(4), 359-370. https://doi.org/10.11648/j.ijls.20220504.13

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ACS Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int. J. Law Soc. 2022, 5(4), 359-370. doi: 10.11648/j.ijls.20220504.13

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AMA Style

Alexis Matias Marega. The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy. Int J Law Soc. 2022;5(4):359-370. doi: 10.11648/j.ijls.20220504.13

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@article{10.11648/j.ijls.20220504.13,
  author = {Alexis Matias Marega},
  title = {The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {4},
  pages = {359-370},
  doi = {10.11648/j.ijls.20220504.13},
  url = {https://doi.org/10.11648/j.ijls.20220504.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220504.13},
  abstract = {The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - The Responsibility of the Administrators in the Processes Falencias and in the Preventive Bankruptcy
AU  - Alexis Matias Marega
Y1  - 2022/11/04
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220504.13
DO  - 10.11648/j.ijls.20220504.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 359
EP  - 370
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220504.13
AB  - The faulty responsibility together with the institutes of the extension of the bankruptcy (art. 160 to 171, LCQ) and the inefficiency bankruptcy (arts. 118 and 119, LCQ), make up the triad of patrimonial integration of the Argentine food law. However, the responsibility of the administrators for their actions in a company whose preventive bankruptcy was opened is an issue not contemplated in national legislation. In view of this problem, the present work addresses the different institutes of both bankruptcy law and general civil liability in order to project possible solutions in an integrating vision of law. For this, a "dialogue of sources" is generated, putting into debate the bankruptcy law, the corporate law and the civil and commercial code. In order to achieve a complete study of the issue, the theory of Corporate Social Responsibility is delved into, analyzing whether in case of violation of the principles that govern it, the administrators may also be held responsible. This investigation concludes that the damage caused by any person must be repaired if it was caused unfairly, and that is a maxim of our societies. To think that this does not apply to the Insolvency and Bankruptcy Law is to classify oneself in a watertight microsystem disconnected from the rest of the system, an issue that doctrine and even legislation have been overcoming for several years. It has been shown that the foundations of the responsibility of corporate administrators in bankruptcy proceedings do not arise from the letter of the food law but from the entire legal system that, in a harmonious interpretation, allow us to attribute responsibility to the one who has caused damage. That he should not do it, that is to say unfairly.
VL  - 5
IS  - 4
ER  -

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