Subordination agreements under the Spanish and Chilean law

Abstract

The work aims to verify that individuals can create certain rules of coordination in the framework of the priority of debts. For this purpose, special attention is paid to the figure of voluntary subordination, because it is a paradigm that seems to have opened the scope of private autonomy in the distribution of assets of the insolvent debtor. Voluntary subordination is the effect of any agreement that concerns the degradation of credit on the priority scale. Its legal nature is for a business exclusion of a standard character device, as is the rule of proportional distribution of unsecured debts, and its replacement by a breakdown of the credit standard. The study takes as its starting point the general recognition of the figure in the most modern, offering a vision that contrasts two visions: a liberal, which leaves it to individuals the content and extent of the business, and position more interventionist, which only supports the involvement of the private willingness to downgrade the credit, but other consequences are determined in advance by the legislature.