El tratamiento concursal del factoring

Abstract

This article examines the treatment of the factoring contract, focusing specifically on the bankrupcy of the assigning businessman. The analysis, which takes into account the reforms introduced in the TRLC by Law 16/2022, of September 5, includes the key issues that arise in the doctrine and jurisprudence in relation to the bankruptcy and special regulation applicable to this atypical contract. Thus, the following are studied: 1) the continuation and termination of the contract after the declaration of bankruptcy; 2) the application to factoring of articles 157 and 158 TRLC that specify for bilateral contracts the application of art. 156 TRLC, which establishes the general principle of continuity of contracts, 3) the exercise of clawback actions, which constitute an essential mechanism to protect the interests of creditors and, 4) the exercise of the separation action by the factor. The article attempts to contribute to a better understanding of this contract.