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Publicado el 23/10/2020
Mr. José Pajares, Partner-Director of PAJARES & ASOCIADOS ABOGADOS is quoted in Volume 2 of the book "Effects of COVID-19 on civil and commercial contracts", published by Dial.com. Legal Contents, where the article “Valuation guidelines for the renegotiation of preventive agreements” by Dr. Carolina Ferro (Argentina) has also been published in which she collaborates with her.
Review: Colleagues like José Pajares, also within the framework of the International Conference on the importance of bankruptcy proceedings in times of extreme crisis, held on 04/30/20 through Facebook Live with the participation of members of the Ibero-American Institute of Bankruptcy Law, have pointed out, in summary, that the Spanish emergency bankruptcy rule was quickly adapted to reality, not as has been usually verified, after demonstrating that until then the regulation was not satisfactory, and that perhaps after the pandemic they will be maintained or incorporated some of the new rules, adapting or reformulating them to a reality without COVID - 19, but definitively to Spanish Law, questioning whether it is that Spanish Bankruptcy Law is now moving towards reality. Well, it is definitely in the context of crises, where the efficiency of Bankruptcy Law is tested.
The reflection that he leaves us and that we intend to share is, if Spain that
has maintained a "hard" insolvency regime, and that it has tried to begin to make it more flexible as of 2010, before the arrival of this crisis it faced the need to make it even more flexible, it is worth asking Argentines if it would not be wrong to walk a path different?.
This question comes from the hand of complex mechanisms that intend on this occasion to be incorporated into national law.
Rapid adaptation to reality in our country has only been demonstrated by some Courts that have given adequate responses to it.