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The bankruptcy of commission contract’s party

Summary/Abstract: Bankruptcy claims have far-reaching legal consequences as to the bankrupt person, his property, as well as the contractual obligations that he or she is a party to. The Insolvency Law provides for a regulation that determines the effect of a bankruptcy declaration on a bankrupt's contractual obligations, including those resulting from a binding contract of bankruptcy. As a previous rule, the legislator adopted as a rule in the context of an outsourcing contract, a differentiated approach depending on the legal status that it has fallen under the contract of mandate. Although the current regulation seems to be justified, some solutions are controversial. In particular this concerns the rights of the receiver to withdraw from the contract. This article contains an analysis of both options when a bankruptcy notice affects one of the parties to the contract of engagement.

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