El contrato de leasing en el procedimiento de liquidación concursal, a diez años de la Ley Nº 20.720: Las sombras del diseño de triple opción de la Junta de Acreedores y las alternativas de solución en el derecho comparado

One of the novelties brought about by Law No. 20,720 is related to the regulation, for the first time in Chilean bankruptcy legislation, of the legal statute applicable to leasing contracts in bankruptcy proceedings, as a reaction to the problems that this operation generated during the previous legislation. After ten years of the law being in force, however, it is evident that the design implemented in it, with respect to this contract in particular, generates difficulties of interpretation that conspire against its application and effectiveness, derived from omissions and ambiguities that increased even after the modifications introduced by Law No. 21,563. This work seeks to identify these difficulties and the factors that generate them, in order to propose from there the solutions that seem to be more legally appropriate, given the special nature of this operation and the objectives pursued by this new bankruptcy regulation.