Privilegio concursal de la prenda de créditos futurosComentario a la sentencia del Tribunal Supremo (Sala de lo Civil, sección 1.ª), sentencia núm. 186/2016, de 18 de marzo de 2016 (RJ 2016, 993)

Abstract

The pledge of future credits raises the problem of scope of the resistance of the pledge to the insolvency proceeding. In this judgement, the Supreme Court states that the credits will be born pledged, even after the declaration of insolvency if before this declaration was already constituted the legal relation source of the credits future object of the plegde. On the other hand, the credits that are born of legal relations pending to constitute before the declaration of insolvency, will be integrated in the active mass without any encumbrance, although these contracts were already contemplated at the time of agreeing the pledge.