Los principios del Derecho Concursal procesal a la luz de la filosofía restaurativa

Abstract

The principles of bankruptcy law in the light of restoration philosophy Abstract: This paper describes the bankruptcy procedural principles that, as beacons of interpretation of the law, have a very strong point of contact with all general procedural principles, highlighting –in the bankruptcy case– the lack of conflict between two parties (it is not a contradictory process), the state interest of procedural impulse by the same judicial body and the strong commitment of the doctrine in forcing a moralizing interpretation of the processes to avoid the abuses that are carried out by the insolven-cy institute. Next, focusing on restorative philosophy, the general principles of it are broken down to then counterbalance these with those, marking the points of contact and the conflictive edges that arise.