The first months of application of the special insolvency procedure for micro-companies, regulated in the third book of the Consolidated Text of the Insolvency Law, have not been easy.
In addition to the problems of the technology involved in the implementation of this procedure, there are also problems of interpretation of the new regulation. The authors of this article address two of them: the scope of the "exclusive" subjection of micro-companies to the third book, and the debate on situations of insolvent micro-companies "without an estate". With respect to the latter, they raise objections to the supplementary application of the rules of insolvency without mass in the procedure of micro-companies, as well as the possible application of the regulation of insolvency without mass due to the lack of requirements of the debtor to be considered a micro-company.
Source: La Ley
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