Justiprecio e insolvencia: interpretación y propuestas de reforma

Abstract

Situations of supervened bankruptcy of the beneficiary of an expropriation pose major legal problems from the standpoint of the credit claim hold by the former owners. In addition, the confluence of insolvency law and administrative law raises some interpretative difficulties. This paper underscores the need for incorporating regulatory mechanisms to prevent the emergence of these kind of situations, and subsequently analyses three sets of issues: the classification of the credit of the former owners within the bankruptcy procedure, the consequences derived from such procedure for the legal position of the beneficiary and, finally, the mechanisms enabling consistency with the duty to compensate expropriations enshrined in Article 33(3) of the Spanish Constitution.