Il curatore fallimentare come soggetto del processo giurisdizionale spagnolo. La sua posizione nella determinazione del patrimonio concorsuale

Since immemorial times, the presence of persons in charge of administering the estate of the bankrupt has been integral to the existence of processes in which the insolvency of the debtor was declared. Traditionally, these subjects boasted a role of singular power to the proper conduct of the banckruptcy process. Whereas now It is erected as the engine of the referred bankruptcy process. The vast role attributed to the bankruptcy administration requires us to restrict our research. In particular, we will focus on the procedural legal position of the bankruptcy administration in those activities that it develops when determining the bankruptcy estate. To do this, starting from the outline that through history have defined the bodies of the bankruptcy administration, we will analyze the current legal framework for the bankruptcy administration in Spain. Afterwards, we will study the legal nature of the limitation to economic powers sufferd by the debtor with the insolvency declaration and the that, as a procedural party, is atributed by the Civil Procedure Law to the bankruptcy estate. All this will allow us to rule on the said position of the bankruptcy administration, as part of or as a representative in the process. Moreover, we shall determine the position of the bankruptcy administration in those processes already pending at the time of the bankruptcy declaration and those newly started by the bankruptcy administration on its own initiative. Finally, we will described procedural position of the bankruptcy administration in the exercise of reintegration and other actions to challenge and in those cases in which the inventory or list of creditors is contested.