Bankruptcy; a Study in Comparative Legislation

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We shall now examine more in detail the different laws.
In France' and Belgium^ a debtor is not entitled to a re- habilitation unless he has paid his debts in full, principal, inter- est, and costs, even those from which he has been released by the terms of a composition. He is also debarred if he is a fraudulent bankrupt, or has been condemned for theft, swind- ling, abuse of confidence, or fraudulent sales {stellionaf)^ or if be- ing a guardian, administrator or other accountant, he has not r
...endered or settled up his accounts. A simple bankrupt (banqueroiitier simple) may be rehabilitated after he has suffered the punishment to which he has been condemned.
In Spain, under the old code of 1829, as we have seen, there were five kinds of insolvency, suspension of payments, casual, culpable, and fraudulent insolvency, and alzamiento. Those of the first two classes to whom a composition had been granted might obtain a rehabilitation after they had performed its stipu- lations. From those of the first two classes who had not ob- tained a composition, and from culpable insolvents after they had suffered their punishment, a payment in full of their debts was required.* Fraudulent bankrupts and alzados were never rehabilitated." In the code of 1885, the classes have been re- duced to three, — casual, culpable, and fraudulent insolvency.


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