Breach of enforceable obligations and criminal concept of insolvency

Authors

  • MARIO SÁNCHEZ DAFAUCE

Keywords:

Article 259 of the Penal Code, criminal concept of insolvency, breach of the enforceable obligations, declaration of bankruptcy, duty to request bankruptcy, imminent insolvency, voluntary request for bankruptcy

Abstract

The 2015 penal reform (LO 1/2015, of March 30) introduced the breach of the enforceable obligations as an alternative requirement to the declaration of bankruptcy for the punishment of the bankruptcy offense. This has raised, among others, the two problems that are addressed in this work: 1. The relationship between the breach of enforceable obligations and the typical concept of insolvency. 2. Conviction for bankruptcy crime without a declaration of bankruptcy.

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Published

2024-09-30

How to Cite

SÁNCHEZ DAFAUCE , M. (2024). Breach of enforceable obligations and criminal concept of insolvency. Revista Penal, (48), 163–189. Retrieved from https://revistapenal.tirant.com/index.php/revista-penal/article/view/150

Issue

No. 48 (2021)

Section

Doctrina