Resumen de The Concept of Insolvency (Cessation of Payments, State of Default or Bankruptcy Status). A historic and comparative law analysis.

Héctor José Miguens

• This paper analyzestheprocesses of dissemination of ideas, institutional transplantation, andmonitoring of European legal modelsthat influenced Ibero-American—particularly Argentine—Commercial Law and, specifically, Insolvency Lawduring the XIX and the XX centuries.Thefundamental thesis of the author statesthe relevance and scientific legitimacy of theso-calledbroad thesison the"State of Cessation of Payments"(or “State of Default”/ “Bankruptcy Status”)and its legal consequences. Throughout this study, these consequencesderived from thisbroad theory—whichare part of the principles applicable to this doctrine of the “State of Default”—have been highlightedtocorrectly interpret the legal textsdelege lataandde lege ferendafor Argentina, other Latin-American and European jurisdictions.The working method consisted of a qualitative analysis of the legal sources of comparative doctrine, legislation, and jurisprudence -European and American -on the concept of insolvency and its founding theories.The results consist of the correct definition of the so-called "State of Cessation of Payments" or also "Insolvency", from the legal point of view and therefore the formulation of interpretations de lege latain accordance with this concept, as well as future texts de lege ferenda