El reforzamiento del principio dispositivo en la sección de calificación concursal tras la Ley 16/2022, de 5 de septiembre

Resumen

The sixth section of the insolvency qualification, aimed at verifying the behavior of the insolvent debtor in relation to the origin or aggravation of its insolvency and checking whether this has been generated or aggravated by an action deserving of reproach for not complying with the duties required, has suffered enormous fluctuations, as a result of the changing legal treatment received, the latest by Law 16/2022, of September 5. The purpose of this paper is to point out a series of reflections, from a practical point of view, on the impact of this Law, focusing on those novelties that strengthen the dispositive principle.