The breach of contract in bankruptcy in Spain

Abstract

This paper analyzes the possibility of bringing a defence based on breach of contract once bankruptcy has been declared in the Spanish legal system. Thus, it examines the effects of bankruptcy on bilateral contracts with reciprocal obligations, which is an important issue for further study of the admissibility of the exceptio. It also considers possible limitations on its use, as well as the possibility of exercising the exceptio non adimpleti contractus for default risk. The study aims to clarify the true scope of this defence once the contractor in bonis is faced with the complex situation of the bankruptcy of its counterpart.