Visión panorámica de los efectos del concurso sobre los contratos tras la Ley 16/2022, de 5 de septiembre, de modificación del Texto Refundido de la Ley Concursal

Abstract

Law 16/2022, of September 5, on the reform of the consolidated text of the Insolvency Law, which transposes the Restructuring and Insolvency Directive, implies a true revolution in insolvency law, and although its most relevant novelties are the new preinsolvency instruments and the special procedure for micro-companies, it also introduces numerous changes in Book I on insolvency, which, although less striking, are nonetheless important, It also introduces numerous changes in Book I on insolvency, which, although less striking, are nonetheless important, such as those affecting the effects of insolvency on contracts, since the declaration of insolvency has repercussions on the contractual framework, and consequently on the economic activity not only of the insolvent party but also of the counterparties to those contracts. A panoramic view will be given, with special emphasis on the novelties introduced by the new Law in the treatment of the releasing, restitutory and indemnifying effects derived from the contractual termination, with distinction of the one that takes place due to breach from the one that occurs due to the interest of the insolvency, as well as the compulsory maintenance of the contractual link.