Hacia una nueva ley de concurso preventivo.

Abstract

All legislation must have a law of business restructuring or timely liquidation. Ley de concurso preventivo in Ecuador has been an inefficient and ineffective law, since its publication, it has not offered real solutions to the problems derived from a cessation of payment, which may be due to endogenous and exogenous causes to the company. situation that has led to its disuse. Thus, its problems of regulatory vacuum and legal antinomy affect the structure of an urgent solution mechanism for companies prior to bankruptcy. The purpose of this work is to highlight the flaws that the law presents, such as the lack of conceptualization, conflict of norms and violations of constitutional rights, recommending in turn, an urgent replacement, by a law under the principles of universality, collectivity, proportionality or equality, preservation of the company and prevalence of the general interest over the individual, maintaining, above all, a special character compared to other norms of the legal system.