Nature of contract for leasing in bankruptcy. Thesis opposed

(Commentary on the Provincial Court of 19 June 2009 and 9 November 2010)

Abstract

Flagrant contradiction of the appellate body in relation to the consideration or not the lease as a contract of successive chain, difficulties for consideration as a case of jurisprudential evolution, given the wording by the same speaker. «In view of the nature of the lease, which continues to be a successive chain of contract (a lease-purchase), they have different treatment prior to bankruptcy fees for the subsequent competition». «This issue had been resolved by this court in its Judgement of 19 June 2009, in the sense of considering that the lease was successive and that, during the pendency thereof, the lessor had an obligation to maintain possession of well to the lessee. Which is why we understood that the time of filing the contest were pending compliance obligations by both parties, to apply the art. LC 61.2. But we will reconsider this position in the light of this appeal and the considerations surfaced the parties and the commercial court».