The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.

In this article, the author tells us about the acquisition of assets in companies that are experiencing financial difficulties and the legal tools that facilitate the procedure. Likewise, he details protection mechanisms to mitigate risks when companies are going through an economic crisis. Finally, he emphasizes that the crisis can generate great profitability to the buyer who managing the risks can open up great possibilities of investment.

The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.

In this article, the author tells us about the acquisition of assets in companies that are experiencing financial difficulties and the legal tools that facilitate the procedure. Likewise, he details protection mechanisms to mitigate risks when companies are going through an economic crisis. Finally, he emphasizes that the crisis can generate great profitability to the buyer who managing the risks can open up great possibilities of investment.

In this article, the author tells us about the acquisition of assets in companies that are experiencing financial difficulties and the legal tools that facilitate the procedure. Likewise, he details protection mechanisms to mitigate risks when companies are going through an economic crisis. Finally, he emphasizes that the crisis can generate great profitability to the buyer who managing the risks can open up great possibilities of investment.

The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.