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Enforceability of security subject to an EU law different from Spanish law in the framework of insolvency procedures in Spain: an actual case

06/10/2017

This article deals with the enforceability of security subject to a European Law different from Spanish law in the framework of insolvency procedures in Spain and is inspired by an actual case that caused some concern over lenders (particularly banks and international funs lending in Spain). Those concerns were the result of a first instance court resolution, which prevents the enforcement of Luxembourg law security based on the financial collateral regulation in the framework of an insolvency procedure in Spain.