Abstract:
Las dificultades económicas afectan a toda la sociedad, y como parte de ella,
también a las sociedades anónimas deportivas, que pueden verse abocadas a situaciones
de insolvencia que lleven aparejada la declaración del concurso de acreedores, a pesar de
que su aparición responde, precisamente, a un... Ver más
The economic difficulties affect the whole of society, and as part of it, also the
sports public limited companies, which may find themselves doomed to situations of
insolvency that entail the declaration of insolvency proceedings, despite the fact that their
appearance responds to an attempt to avoid these situations as much as possible. Among
the different options they have to solve this situation, one of the most interesting to be
analyzed at a legal, organizational, operational and economic level is the sale of the
production unit. The sale of the production unit is conditioned by the characteristics of competition
in Spain, where the principles of competitive equality and sports meritocracy govern,
which are reflected at a legal level with the prevalence of sports regulations over
bankruptcy. In this way, both in the determination of the perimeter of the production unit,
with the federative rights and other elements, as well as the mode of its sale and the legal
form that the buyer must adopt, among others, incompatibilities may arise when apply
the sports or bankruptcy rule, which have been addressed by the jurisprudence and the
doctrine in the last cases of insolvency proceedings of sports entities, and which will be
treated in this work.
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