Ontological approach to privilege or priority

Abstract

It is and has been a constant in important doctrinal sectors to see in privileges an exception, if not, a perversion of the par condicio creditorum, as well as the causes of the impoverishment or devaluation of the bankruptcy patrimony. We do not ignore the relevance of these criticisms that ultimately advocate a new redimension of the value of parity. And when speaking of parity, it is essential to refer to the distributive value or paradigm. But what is the value and role that the distributive plays in the competition? And perhaps one of the most intricate questions in bankruptcy law and, significantly in the seat of passive mass and privilege or preference, what role does the autonomy of the will play, if any, in the face of the proportional distribution rule, the par condicio creditorum and the imperative limitation of privileges?

It is and has been a constant in important doctrinal sectors to see in privileges an exception, if not, a perversion of the par condicio creditorum, as well as the causes of the impoverishment or devaluation of the bankruptcy patrimony. We do not ignore the relevance of these criticisms that ultimately advocate a new redimension of the value of parity. And when speaking of parity, it is essential to refer to the distributive value or paradigm. But what is the value and role that the distributive plays in the competition? And perhaps one of the most intricate questions in bankruptcy law and, significantly in the seat of passive mass and privilege or preference, what role does the autonomy of the will play, if any, in the face of the proportional distribution rule, the par condicio creditorum and the imperative limitation of privileges?