Crisis of the System of Bankruptcy Privileges Brought to Light of the Jurisprudence of the Supreme Court of Justice of the Argentine Nation

Abstract

The jurisprudence of the Supreme Court of the Nation highlights the imperative need for the Legislator to review and, where appropriate, modify the system of privileges in bankruptcy matters. Given the laziness of this last State Power, reality demands solutions of a jurisdictional nature based on the application of the principle of conventionality, which, although it allows resolving the conflict raised, conspires against legal certainty. In effect, there is no single standard for treating and solving similar cases that arise, all of which ends up acting to the detriment of the rule of law