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.