Abstract

NUNEZ OJEDA, Raúl  and  CARRASCO DELGADO, Nicolás. Bankruptcy with no assets: An approximation from the economic analysis of law. Ius et Praxis [online]. 2011, vol.17, n.1, pp. 139-176. ISSN 0718-0012.  doi: 10.4067/S0718-00122011000100007.

The present paper is about the bankruptcy with no assets, that is, those trials where there is lack or insufficiency of the assets of bankrupt to face the costs of bankruptcy has involved. In both cases, no such process is economically justified. However, our legislation does not provide appropriate mechanisms to prevent the beginning or continuation of a bankruptcies trial in which it is established the absence or insufficiency of assets, which are promoted despite their high costs, with the only purpose of satisfying the revenge of creditors, motivated the latest by the possibility of prosecuting the debtor criminally.

Keywords : Commercial Law; Economic Analysis of Law; Bankruptcy; Civil Procedural Law.