The new conflict resolution regime on administration, ownership, possession and mere holding in the law No. 20, 720, and the consequences of submitting matters of a different nature to the same procedure

Law No. 21, 563, of May 10, 2023, replaced the text of art. 131 of Law No. 20, 720, adapting the procedure contemplated therein for the resolution of conflicts related to bankruptcy administration, to all those controversies derived from the ownership, possession or mere holding of the assets of third parties, which are affected by the effects of the seized bankruptcy, which until that moment - and in the absence of special regulations - had been raised through the application of the regulations on third party ownership and then possession contemplated in the Code of Civil Procedure, with strong jurisprudential and doctrinal questions as to their origin and legal nature. This new procedural channel, however, revives a series of questions that the legislator did not foresee and that this work seeks to elucidate, related to the different legal nature of the conflicts that must now be resolved within the framework of a single procedure, which the law qualifies as incidental, and the consequences that this generates.