Guide to restructuring tools and insolvency proceedings

Spain, Portugal and Latin America

The countries on the Iberian Peninsula (Spain and Portugal) and in Latin America that we analyze in this Guide (Brazil, Chile, Colombia, Mexico and Peru) have much in common as regards the origins and evolution of their respective legal systems - also in terms of restructuring and insolvency. They share a similar mentality as regards the historical approach of their legislators and judges to the phenomenon of insolvency. Likewise, all these countries are now facing, in a similar way, the trends irradiated by the influential Anglo-Saxon practice. However, the permeability to the Anglo-Saxon trends is asymmetric in the different countries and the speed of penetration depends on the particular idiosyncrasies of each of these jurisdictions.

In this Guide we intend to reflect the current state of a number of jurisdictions with respect to specific issues of special interest from the perspective of Anglo-Saxon regimes.