EL ARRENDAMIENTO DE VIVIENDA. ENERVACIÓN DEL DESAHUCIO Y REHABILITACIÓN DEL CONTRATO AL AMPARO DEL ARTÍCULO 70 DE LA LEY CONCURSAL.

Abstract

Article 70 of the Bankruptcy Act states that the receivers may impair the enforceability of unlawful detainer proceedings against a tenant involved in bankruptcy proceedings prior to the declaration of bankruptcy, and that the receivers may reinstate the lease up to the time of actual eviction. This paper endeavours to ascertain whether these faculties may be exercised by the receivers not only in the case where the leased property is the headquarters or establishment of a firm involved in bankruptcy proceedings (and therefore the faculties are exercised with a view to facilitating the continuity of business activity), but also in the case where the leased property is the customary leased residence of a person involved in bankruptcy proceedings, in connection with the person's right to maintenance drawn from the body of assets concerned in the bankruptcy proceedings.