Abstract

LANDI, ANDREA. Misdeed or Misfortune? Juan de Hevia Bolaños and the Qualification of Bankruptcy. Rev. Derecho Privado [online]. 2021, n.40, pp.13-42.  Epub Feb 08, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n40.02.

This essay examines the figure of the bankrupt debtor in the conception of Hevia Bolaños, which is considered the main vehicle of diffusion in the New World of the ius mercatorum elaborated in Europe. As a result of this analysis is found a sort of long lasting experience of the ius commune, which setting off from a pro foundly unlawful valuation of bankrupt, had come to identify in modern times va rious types of bankrupt debtors (and therefore of bankruptcies), which has led to also admitting a faultless bankruptcy. Hevia is a punctual witness of this diversification, which is taken as a benchmark, more or less consciously, by the Spanish commercial legislations and especially Mexican legislation of the 19th century.

Keywords : bankruptcy; Commercial Law; Commercial Code; lus Commune; Ro man-Canon Law; Ius Mercatorum.

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