The Decedent’s state bankruptcy

Abstract

This paper argues the validity of applying Bankruptcy rules to an insolvent decedents’ estate, notwithstanding the silence of our current Bankruptcy Law. The inheritance rules about debts were designed in our Civil Code under the implicit assumption that the deceased person’s estate is solvent. For this reason, post mortem bankruptcy is a key element of our Private Law system, by extending the application of Bankruptcy rules to a new factual situation (the insolvency of a deceased person’s estate) and thus continues to protect inheritance creditors under the Law of Succession, now in an insolvency scenario.