Revista Pensar en derecho N�2.indd
The legal regime concerning the matter of privileges (or security interests) is incorporated in Book Six (articles 2573 through 2583) of the Draft Civil and Commercial Code, under Title II, itself containing two chapters (1. General regulations; 2. Special privileges). The goal is to establish a sim...
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| Autor principal: | |
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2013
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/2/cambios-en-el-regimen-de-los-privilegios-en-la-reforma-del-codigo-civil-y-comercial.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3078 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3078.dir/3078.PDF |
| Aporte de: |
| Sumario: | The legal regime concerning the matter of privileges (or security interests) is incorporated in Book Six (articles 2573 through 2583) of the Draft Civil and Commercial Code, under Title II, itself containing two chapters (1. General regulations; 2. Special privileges). The goal is to establish a simple and clear regime regulating this intricate subject, by reducing the number of privileges - some which are currently accepted are eliminated (such as that of the seller) but others are incorporated (such as the creditor in antichresis); as well as to approximate it to the regulations of Law 24.522 (Insolvency Administration) in an attempt to step closer to unification of the different legal regimes. The regulation takes current academic production into account and only includes special privileges that can be individually invoked as: a) general privileges are referred to the regime of insolvency administration and its applicable law, as well as special privileges invoked in that context; and b) the draft establishes that in legal procedures that involve the totality of the assets and rights of an entity, privileges are regulated by the rules applicable to insolvency administration. The chapter devoted to "General regulations" includes the definition of the privileges as well as its features (legal source, capacity of the creditor to renounce or defer the privilege, indivisibility, transmissibility), extent and calculation. The other chapter enumerates special privileges and determines their hierarchy should they coexist in relation to the same asset, except in specifically regulated exceptions in which the solution relates to the first in time rule. The chapter establishes that the privilege is transferred to any sums that may replace the assets and that before payment of a credit endowed with a special privilege, reserve must be made of the sums that were necessary for the custody, conservation and administration of the asset involved. |
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