Medidas extraordinarias adoptadas en el real decreto-ley 8/2020 ante la crisis del Covid-19 de índole mercantil y concursal

Zusammenfassung

On March 18, 2020, the Real Decreto Ley 8/2020, March 17, on urgent extraordinary measures to deal with the economic and social impact of COVID-19, was published in the Official State Gazette (BOE). This paper analyses, among others, the measure contained in its article 43, which eliminates the duty - not the right - to request the debtor's declaration of bankruptcy during the state of alarm. It also explains the problems that have arisen as a result of the provisions of Real Decreto 463/2020 of 14 March, which declared the state of alarm, and the agreement of the Permanent Commission of the CGPJ of 18 March 2020, in relation to the possibility of presenting a written request for the declaration of voluntary bankruptcy during the state of alarm because the debtor is in a situation of imminent insolvency. Finally, it warns of a possible overreaching by the GPCJ in the adoption of such an agreement not only in terms of its content but also in the form of its adoption.