Checking date: 06/05/2025 23:39:05


Course: 2025/2026

Business crisis law
(14106)
Bachelor in Law (Study Plan 2018) (Plan: 397 - Estudio: 206)


Coordinating teacher: ARNAIZ SERRANO, AMAYA

Department assigned to the subject: Criminal Law, Procedural Law and History Law Department, Private Law Department

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
This elective course is highly recommended due to its strong relevance in the current legal and economic context, as well as its markedly practical orientation. It is particularly suitable for students who possess prior knowledge¿albeit basic¿of Private Law and Civil Procedural Law. Owing to the interdisciplinary nature of its content, the course can be successfully undertaken by students from a wide range of academic backgrounds, including Law, Business Administration, Economics, and Business Studies, as well as from double-degree programs such as Law and Journalism, Law and Economics, or Law and Business Administration.
Objectives
The course aims to provide students with the knowledge, skills, and tools necessary to thoroughly analyze and master, from a procedural standpoint, the insolvency proceeding (concurso de acreedores) as a mechanism of universal judicial protection in situations of insolvency. This procedure, whose relevance is particularly significant in the current context of economic uncertainty and corporate distress, was established by Law 22/2003, of 9 July, on Insolvency, which replaced the previous regulatory framework, characterized by dispersion, incoherence, and limited practical effectiveness. The insolvency proceeding is designed to address, in an orderly and equitable manner, the situations of insolvency of a common debtor who is unable to regularly fulfil their obligations, ensuring equal treatment of creditors in the satisfaction of their claims and, where feasible, the continuation of the debtor¿s business or economic activity, while safeguarding creditors' rights. Since the enactment of the Insolvency Law, the regulatory framework has undergone significant development. Noteworthy among the reforms are: Royal Decree-Law 3/2009, of 27 March, on urgent measures in tax, financial, and insolvency matters; Law 38/2011, of 10 October, amending the Insolvency Law; Royal Decree-Law 4/2014, of 7 March, on urgent measures regarding corporate refinancing and debt restructuring; and Royal Decree-Law 1/2015, of 27 February, establishing the second chance mechanism, financial burden reduction, and other social measures. However, the most far-reaching reforms have been introduced in recent years. First, Law 16/2022, of 5 September, which reformed the consolidated text of the Insolvency Law, transposed into Spanish law Directive (EU) 2019/1023, on preventive restructuring frameworks, discharge of debt, and disqualifications. This legislative development entailed a comprehensive restructuring of the insolvency regime, introducing new procedures for micro-enterprises, strengthening the second chance mechanism, simplifying procedural requirements, and enhancing the efficiency of the system through a preventive and pre-insolvency approach. Second, Organic Law 1/2025, of 2 January, on the efficiency of the public justice service, has had an indirect yet significant impact on insolvency proceedings. This law brought about an institutional restructuring of the judiciary ¿notably through the creation of Courts of First Instance¿ and introduced substantial changes in the field of insolvency and business crisis management, including the facilitation of the second chance mechanism for natural persons. It focuses on enhancing judicial efficiency, promoting mediation and out-of-court negotiation, and optimising the handling of insolvency proceedings. Ultimately, the course seeks to familiarise students with the structure and procedural dynamics of insolvency proceedings by studying fundamental aspects such as: jurisdiction and judicial competence, the parties involved, the stages of the proceeding and their effects, the composition of the debtor¿s estate (active and passive mass), the procedural sections and incidents, and available remedies. All of these elements will be addressed with attention to doctrinal developments and the main issues identified in case law since 2003 and up to the most recent reforms, fostering a critical and practice-oriented understanding of contemporary insolvency law.
Learning Outcomes
K2: To know the principles and values of democracy and sustainable development, in particular, respect for human rights and fundamental rights, gender equality and non-discrimination, the principles of universal accessibility and climate change. K3: Master the fundamental concepts and principles of the different sectors of the legal system. K7: To know the legal tools and instruments applicable to the interpretation and integration of the legal system, as well as to the resolution of conflicts, in the field of Private Law. K12: Understand the ethical dimension of law and the need to act responsibly in the defence of fundamental rights and social justice. S1: Plan and organize teamwork by making the right decisions based on available information and gathering data in digital environments. S2: Use the information by interpreting relevant data avoiding plagiarism, and in accordance with the academic and professional conventions of the area of study, being able to evaluate the reliability and quality of such information. S3: Apply the necessary skills to search for information in the different legal sources (legal, jurisprudential and doctrinal). S4: Apply organizational skills and critical management of legal knowledge. S5: Correctly diagnose legal problems and apply the appropriate tools for their solution. S10: Write and structure legal documents correctly. S11: To develop with autonomy and respect for deontological principles in their work and professional performance. C3: Select and interpret legal and conventional regulations, jurisprudence and judicial doctrine applicable to different legal systems. C4: Be able to solve complex legal problems by applying creativity and innovative ideas. C6: Prepare contracts, reports, lawsuits and other legal documents with technical precision.
Description of contents: programme
MODULE I. INSOLVENCY LAW IN THE SPANISH LEGAL SYSTEM 1. Historical evolution and background of Spanish insolvency law. 2. General considerations: definition, terminology, legal nature, purpose, and guiding principles of insolvency proceedings. 3. Systematic structure of the Recast Text of the Insolvency Law (Texto Refundido de la Ley Concursal ¿ TRLC) approved by Royal Legislative Decree 1/2020, of 5 May, as amended by Law 16/2022, of 5 September. 4. Requirements for the declaration of insolvency: subjective and objective tests. 5. Active and passive standing to file for insolvency. 6. Application procedure: voluntary and compulsory proceedings. MODULE II. INSOLVENCY BODIES 1. The competent judicial authority: Commercial Courts and their transformation into Courts of First Instance, pursuant to Organic Law 1/2025 on the Efficiency of the Public Justice Service. 2. Powers of the insolvency judge: adjudicative and supervisory functions. 3. The Insolvency Administration: duties, legal framework, and oversight. 4. Legal status of the insolvency administrator: requirements, disqualifications, incompatibilities, grounds for removal, and liability. 5. Delegation of functions: assistant and delegated professionals. 6. The insolvency administrator¿s report and its procedural significance. 7. Non-mandatory insolvency bodies: the Creditors¿ Meeting and the Insolvency Mediator. MODULE III. EFFECTS OF THE INSOLVENCY PROCEEDINGS AND THE COMPOSITION OF ESTATES 1. Effects of the declaration of insolvency: On the debtor; On creditors; On executory contracts; On acts detrimental to the estate. 2. Insolvency estate (masa activa): composition, inventory, and management. 3. Liabilities estate (masa pasiva): determination and classification of claims; notification and admission of claims. MODULE IV. THE INSOLVENCY ARRANGEMENT (CONVENIO) AND VIABILITY PLANS 1. Purpose, definition, and legal nature of the arrangement. 2. Types of arrangements: ordinary, early proposals, and court-sanctioned refinancing agreements. 3. Eligible proposers: formal requirements, minimum content, and procedural timing. 4. Procedure: Creditors¿ Meeting, adherence, opposition, and judicial approval. 5. Legal effects of the approved arrangement: binding nature and scope. 6. Performance and breach of the arrangement. 7. The payment plan and viability plan: content, control, and implementation. MODULE V. THE LIQUIDATION PHASE IN INSOLVENCY PROCEEDINGS 1. Grounds and standing to initiate liquidation. 2. Legal and financial effects of initiating the liquidation phase. 3. Liquidation operations: rules governing asset realisation. 4. Payment of creditors according to statutory ranking. 5. Termination of the insolvency proceeding: grounds, judicial resolution, and consequences. MODULE VI. PRE-INSOLVENCY AND THE SECOND CHANCE MECHANISM 1. Preventive restructuring plans: definition, content, eligibility, and court confirmation. 2. Discharge of unsatisfied liabilities (exoneración del pasivo insatisfecho): conditions, procedure, and legal effects. 3. The role of mediation and alternative dispute resolution (ADR) mechanisms in the pre-insolvency phase: promotion under Organic Law 1/2025. MODULE VII. SPECIAL PROCEDURE FOR MICROENTERPRISES 1. Legal framework: regulation in the Insolvency Law following the amendments introduced by Law 16/2022. 2. Subjective scope of application and defining features of the procedure. 3. Procedural specificities: simplification, digital processing, and procedural phases. 4. Special rules in liquidation, restructuring, and discharge. 5. Critical assessment of the practical effectiveness of the special procedure.
Learning activities and methodology
The Insolvency Law course is delivered over a seven-week semester and involves a weekly in-person commitment of three hours, structured as follows: .- Lectures (1.5 hours/week) .- Practical and complementary sessions (1.5 hours/week) This schedule may be subject to modification based on group dynamics, resource availability, and the specific requirements of certain activities. A. LECTURES Lectures will focus on the structured presentation and analysis of the core content of the syllabus, with the aim of providing students with a clear, systematic, and critical understanding of Insolvency Law. Instruction will go beyond the mere transmission of theoretical knowledge to stimulate legal reasoning and emphasize the interrelationship among the various components of insolvency proceedings through a contextual and coherent approach. B. PRACTICAL SESSIONS AND SUPPLEMENTARY ACTIVITIES Practical sessions are designed to apply theoretical knowledge to real or simulated cases, promote active student participation, encourage collaborative work, and develop the analytical and argumentative skills essential to professional practice in the insolvency field. A broad range of active-learning activities will be employed to ensure meaningful and experiential learning. EXPANDED RANGE OF PRACTICAL ACTIVITIES: .- Resolution of real or hypothetical case studies, both individually and in groups. .- Drafting of procedural documents related to insolvency proceedings (e.g., petition for insolvency, insolvency administrator¿s report, incidental motions, etc.). .- Critical analysis of judicial decisions in insolvency matters. .- Simulations of mediations, hearings, or court proceedings, with students rotating through roles as procedural parties. .- Structured debates on contentious issues in insolvency law (e.g., debt discharge mechanisms or the legal effects of restructuring plans). .- Oral presentations on assigned topics, supported by doctrinal and statutory sources. .- Comparative analysis of insolvency regimes in other legal systems. .- Design and evaluation of restructuring and viability plans. .- Study of real (anonymised) insolvency case files, using a multidisciplinary perspective. .- Voluntary attendance at real court hearings, when feasible, in coordination with Commercial Courts. .- Viewing of procedural recordings followed by guided discussion. .- Participation in workshops or guest lectures with insolvency professionals: judges, insolvency practitioners, mediators, or specialist attorneys. C. ACADEMIC TUTORIALS One hour per week is allocated for individual academic tutorials, aimed at resolving theoretical or practical queries, guiding the preparation of individual or group assignments, and supporting students throughout the learning process. These tutorials will be held either in the instructor¿s office or in designated rooms, as previously arranged.
Assessment System
  • % end-of-term-examination/test 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40

Calendar of Continuous assessment


Extraordinary call: regulations
Basic Bibliography
  • AAVV. BANKRUPCTY LAW SPAIN. http://ec.europa.eu/youreurope/business/deciding-to-stop/handling-bankruptcy-and-starting-afresh/spain/index_en.htm. 2010
  • ARNAIZ SERRANO, A; LÓPEZ JIMÉNEZ, R; MASRTÍNEZ SOTO, T; ALCOCEBA GIL, J. Esquemas de derecho procesal civil.Tomo II. Tirant lo Blanch. 2020
  • CANDELARIO MACÍAS Y OTROS. MANUAL PRÁCTICO DE DERECHO MERCANTIL. TIRANT LO BLANCH. 2018
  • Etxarandio Herrera, E.. Manual de Derecho concursal (2.ª ed.). . 2019. La Ley
  • Gutiérrez Gilsanz, A. (Coord.), Arias Varona, F. J. (Coord.), Megías López, J. (Coord.), & Pulgar Ezquerra, J. (Dir.).. Manual de Derecho concursal (2.ª ed.). . Wolters Kluwer España. (ISBN 978-84-9020-876-2). 2019
  • Pulgar Ezquerra, J. (Dir.), Gutiérrez Gilsanz, A. (Dir.), Arias Varona, F. J. (Dir.), & Megías López, J. (Dir.). . Manual de Derecho concursal. . La Ley. (ISBN 978-84-18349-52-2). 2020
Additional Bibliography
  • AAVV. REVISTA DE DERECHO CONCURSAL Y PARACONCURSAL. LA LEY. 2015
  • Asencio Mellado, José María.-. El problema de la constitucionalidad de las medidas limitativas de derechos del concursado. . Anuario de derecho concursal. Nº. 17 . (2009), p. 261-309.
  • Damián Moreno, Juan.. Entre la paraconcursalidad y la jurisdiccionalidad del concurso. . Anuario de derecho concursal, Nº. 21. (2010), p. 163-17.
  • Magro Servet, Vicente . Las medidas cautelares por los Jueces de lo Mercantil en el proceso concursal.. En Práctica de tribunales: revista de derecho procesal civil y mercantil . -- Nº. 10. (2004), p. 57-66.
  • Sánchez Paredes, M.L; Flores Segura, M. Reseña de resoluciones judiciales en materia concursal. Anuario de derecho concursal No. 25 . (2012), p. 499-582.
Detailed subject contents or complementary information about assessment system of B.T.

The course syllabus may change due academic events or other reasons.