El concurso de acreedores y su incidencia en el sistema financiero de la provincia de Tungurahua

Abstract

This research focuses on the insolvency proceeding or also known as the insolvency trial towards debtors who do not have assets to cancel the debt acquired with the creditor, in addition to involving both parties, debtor and creditor directly in a social environment of great financial and economic importance. But we must emphasize that this bankruptcy law is not a matter of great study so that in our country instead of having an advance in its development linked to society as well asregulatory has been having a stagnation followed by a path of regression which could lead to a social problem. And not trying to find a solution before declaring the insolvency of the debtor both the real and personal rights that each person has would be seriously affected, such as the rights of the creditor, but it would not be the only affectation because if this begins to occur on a larger scale the entities that are those who give these credits will be increasingly demanding in terms of giving loans for lack of commitment at the time of canceling. Therefore, this would lead to a problem in the future by not duly protecting the credits, as well as the recovery of debts by the creditors, because the obligations between the two parties are not being fulfilled as agreed at the beginning of the credit granted, resulting in the law not being complied with and leaving the country at a judicial disadvantage and with a possible reductionof national and foreign investment to the Ecuadorian state.