La Ineficacia Concursal: Estudio Doctrinario y jurisprudencial en el Sistema Concursal Peruano, Anthony L. Vera‐Portocarrero Lex & Iuris, 1st ed., 2018, 477 pp., ISBN 978‐612‐4334‐13‐9, S/.70

• Published date: 01 May 2020
• Author: Jorge M. Ziches
• Date: 01 May 2020
• DOI: http://doi.org/10.1002/iir.1366

BOOK REVIEW

La Ineficacia Concursal: Estudio Doctrinario y

jurisprudencial en el Sistema Concursal

Peruano

Anthony L. Vera-Portocarrero

Lex & Iuris, 1st ed., 2018, 477 pp., ISBN 978-612-4334-13-9, S/.70

As part of his extensive research work, Anthony Lizárraga Vera-Portocarrero, a legal practi-

tioner specialized in financially distressed companies, insolvency law, and bankruptcy, puts in

our hands the book entitled “Clawback Regime in the Peruvian Insolvency and Bankruptcy Sys-

tem: A Doctrinal and Case-Law Study”, which once more shows his significant contribution to

the study of these matters, especially to the development of one of the most important institu-

tions of insolvency systems everywhere in the world: Insolvency Clawback.

Accordingly, this book reflects, on the one hand, a deep, analytical, yet instructive and

systematic doctrine-based and law-based research work on Clawback actions, expounding the

theoretical and conceptual aspects of Clawback regimes both within the Peruvian legal sys-

tem and from comparative doctrine; and, on the other hand, it provides a practical view

grounded on multiple cases on the matter filed with Peruvian courts. We have to remark

that the essence of this work is to show a rigorous analysis of the implications of the current

regulations under the Peruvian Clawback regime, without leaving aside a comparative-law

approach.

The work starts with a description of the Peruvian insolvency system, based on clear, direct

and concise methodological devices, ushering the reader into the effects that result from a

debtor's insolvency situation, in which the subject under study, namely Clawback, takes place.

This extensive work has detailed bibliographical material both on doctrine and on case law,

making the language of the text easy to understand and handle by readers. In this regard, the

work is divided into five chapters, with Appendices being included at the end of the book, in

addition to a bibliography with a complete description of all the information used in the

research.

The first chapter addresses how the debtor's default on payments leads inexorably to finan-

cial distress, which is at the inception of the bankruptcy or insolvency system, as insolvency is

the company owner's inability to pay its debts. It also describes the universal principles of insol-

vency law, the development of the pre-insolvency and insolvency stages in the Peruvian legal

system, and the assets that make up the bankruptcy estate. In this chapter, the author rigor-

ously and thoroughly describes the participation of the various actors involved in an insolvency

proceeding such as debtors, creditors, administrators and/or liquidators, in addition to the

DOI: 10.1002/iir.1366

© 2020 INSOL International and John Wiley & Sons Ltd

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