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Revista Chilena de Derecho Privado

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Revista Chilena de Derecho Privado

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You are here: Archives/Artículos de Doctrina/No. 46

DERIVATIVE CONTRACTS, REPO TRANSACTIONS AND NETTING IN THE LIQUIDATION PROCEDURE, LAW NO. 20.720. THE BANKRUPTCY RULE AS A TOOL FOR STABILIZING THE FINANCIAL SYSTEM AND ITS (LACK OF) RELATIONSHIP WITH THE PURPOSES AND PRINCIPLES OF BANKRUPTCY.

Authors

Eduardo Teodoro Jequier Lehuedé
Universidad San Sebastián
https://orcid.org/0000-0001-8005-6685

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PDF (Español (España))

Key Information

Keywords

derivative contracts, REPO transactions, set-off, bankruptcy liquidation, financial system

Abstract

The work we present deals with an aspect that, despite its relevance and effects in a bankruptcy liquidation context, has not been addressed by the doctrine in Chile: the special regime of compensation of obligations arising from derivative contracts, contemplated in article 140 of Law No. 20,720. It seeks to define what is specifically compensated; what obligations are accelerated, to allow compensation; in what sense are they considered as interconnected; what type of contracts are specifically tolerated by this system and, in short, what role does the bankruptcy rule play in this, as a tool for achieving extrabankruptcy purposes.

Details

DOI

https://doi.org/10.32995/S0718-80722025937

Published

December 31, 2025

Issue

No. 46 (2025): Diciembre - 2025

Section

Artículos de Doctrina

How to Cite

Jequier Lehuedé, E. T. (2025). DERIVATIVE CONTRACTS, REPO TRANSACTIONS AND NETTING IN THE LIQUIDATION PROCEDURE, LAW NO. 20.720. THE BANKRUPTCY RULE AS A TOOL FOR STABILIZING THE FINANCIAL SYSTEM AND ITS (LACK OF) RELATIONSHIP WITH THE PURPOSES AND PRINCIPLES OF BANKRUPTCY. Revista Chilena De Derecho Privado, (46). https://doi.org/10.32995/S0718-80722025937

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