Propuestas superadoras para la prevención de la insolvencia del consumidor en el Derecho Concursal Argentino
ResumenAbstract: The Argentine bankruptcy law requires specific regulations for the special case of insolvency of consumers and users of goods and services. Not only proper bankruptcy procedure is needed to allow the debtor to discharge his obligations to foster the economic development but also the possibility of negli-125gence or bad-faith in his actions, which should be regulated by an appropriate period of rehabilitation.Notwithstanding these (missing) fundamental pillars for successful consumer insolvency regime, it is es-sential to develop a third pillar: Prevention.Preventing the insolvency of consumers with heterogeneous knowledge base and personal circumstances encourages interdisciplinary regulation that takes into account, on the one hand, education from the initial levels. On the other hand, a specific regulatory framework to avoid misleading advertising and the correla-tive regime of sanctions for entities that violate it. Finally, it will be necessary to modify the bankruptcy or-der to contemplate this special type of debtor for the purposes of a voluntary reorganization or eventual bankruptcy, pillar that will be part of following contributions on the subject.So as to meet the objectives comparative analysis of legal systems that have managed to incorporate the required modifications will be useful. Thus, this work fits into the research stay at the end of 2014 in Elche, Alicante, allowing comparison and obtaining necessary guiding principles from the Spanish law.Keywords: consumer, over indebtedness, preventing insolvency, bankruptcy law, bankruptcy.
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