Aproximación a los textos definitivos y su modificación en el texto refundido de la Ley Concursal

Résumé

One of the essential functions of the bankruptcy administration is the purification of the active and passive masses, which is reflected in the inventory and list of creditors. This is subject to judicial control, as required by the right to effective judicial protection enshrined in Article 24 EC. The total or partial estimation of the objections to the list of creditors and inventory gives rise to their alteration, which can also be caused by the decision of the bankruptcy administration regarding the inclusion and recognition of claims notified out of time. These changes are recorded in the documents, which are the basis for the final texts. If in its initial drafting no modification was foreseen, the reform of Law 38/2011 softened the rigors of this rule by expressly providing for its modification. The purpose of this work is to bring these definitive texts closer to the legal regime and to modify them, which is now set out in Chapters III and IV of Title VI of the Consolidated Text of the Bankruptcy Law.