El embargo cautelar de bienes administradores o liquidadores y directores generales de la persona jurídica concursada

Abstract

The purpose of this paper is to analyze, in the light of case law, the precautionary procedural measure consisting of the seizure of assets and rights of the administrators or liquidators and general managers of the insolvent legal entity. as well as of those who have acted in such a role during the two years prior to the declaration of insolvency, upon which is founded the possibility that in the court's decision such persons may be held liable for the total or partial coverage of the insolvency shortfall due to their actions or omissions. Specifically, the legal nature of the referenced preventive seizure is studied, as well as the subjective scope of its legal standing, the requirements that must be met necessarily for its adoption and, finally, the procedural aspects related to such precautionary measure.