The Preference of Future Claims Secured by Pledge after the Reform of Section 90.1.6 of the Spanish Insolvency Act
Eduardo Geli Fernández-Peñaflo
Eloi Colldeforns Papiol
July 1, 2012
InDret, Vol. 3, 2012
The recent modification of section 90.1.6 of the Spanish Insolvency Act has mainly been interpreted by the doctrine in terms of a regulation of the enforceability of pledges “over” future claims in insolvency proceedings, in spite of the fact that the wording of the reform specifically refers to pledge “securing” future claims. This paper purports to present a study about the interpretation of that section and, in view of its literality, aims to analyse its reasonableness and sense as a rule of preference for the purposes of insolvency proceedings.
Note: Downloadable document is in Spanish.
Number of Pages in PDF File: 38
Keywords: insolvency proceeding, pledge, future claims, preference
Date posted: September 18, 2012