スペインのアンダルシア自治州政府は、中小企業が借金を返済出来なくて、その財産を差し押えされた場合には、借金の帳消しをする条例を検討。
Griñán plantea condonar la deuda a las pymes cuando liquiden sus bienes
Andalucía propone reformas para elevar el salario mínimo inembargable
Lourdes Lucio Sevilla 23 ABR 2013 - 00:26 CET
Griñán forgive debt poses to SMEs when settling their property
Andalusia proposes reforms to raise the minimum wage unattachable
Lucio Lourdes Sevilla 23 ABR 2013 - 00:26 CET
There is still no closed proposal, but from Andalusia called debtor seeks to protect the vulnerable, ie individuals or SMEs and freelancers who, in compliance with its payment obligations from being at risk of social exclusion or unable to resume operations professional. In the case of small and medium enterprises the aim is that these look settled his debt when repossessed assets, although these do not cover the total liabilities.
The proposal was launched last Thursday at a conference in Alicante, the president of the Junta de Andalucía, the socialist José Antonio Grin, who proposed to raise the minimum unattachable debtors. The president of the PSOE also convinced that combating inequality and welfare measures are not enough to need new ways of action in private law.
The initiative is still being studied and still no concrete details, but she is working a team from the University of Seville, directed by Professor of Civil and Andalusian Parliament president, Angel Lopez. He should outline whether the community has the power to enforce any of these reforms, something that, in principle, it seems highly unlikely, according to the Board.
The proposed operates in three fields. On one hand, it would "guarantee a decent living income" those citizens subjected to foreclosure proceedings, "by raising the minimum indefeasible" said Grin. This minimum is set by the professional minimum wage as stipulated in 645.30 euros per month. For foreclosures, the floor is 961 euros.
For small and medium businesses and freelancers, Griñán seeks to be allowed that "in a situation of inability to cope with their debts, once executed and cleared the attachable assets, debts and their dissolution professional or business activity can continue from scratch. " It would establish a kind of end to this type of debtor, although not able to settle all contracted load. This measure, says the president Andalusian would benefit the economy, as he says, in the United States.
The third leg of the proposal would affect employees of companies in bankruptcy. Grin wants the bankruptcy law compels the payment of wages or severance have "absolute priority or at least a huge preference" for the company at the time of paying the debt.
These proposals escape and regional legislation should be the Congress that, if necessary, is facing a very complex regulatory change and widespread in commercial, civil and labor. Although there will be cases, even without specifying in the community to sign agreements with associations to protect consumers from abusive clauses considered certain financial products, the idea is that this debate to reach the courts. What it does is that the seal Griñán Andalusia remains registered as a promoter of the initiative. The regional government will raise the Andalusian Parliament it should send to the Bureau of the Congress of Deputies these legislative reforms, through a bill passed in the House Andalusia. This pathway has already been used to claim the delegation of powers over the waters of the Guadalquivir basin that run entirely by Andalusia.
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