This article is based on a situation often encountered in practice in insolvency proceedings opened under Law no. 85/2014: the appointment of the insolvency administrator by the majority creditors / the majority creditor holding at least 50% of the creditors’ estate with voting rights at the first meeting of the creditors’ meeting, without taking into account essential aspects in the conduct of the insolvency proceedings that are important fo...

The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...

Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. The debate...

The paper aims to highlight some controversial aspects of appointing of insolvency practitioners, briefly analyzing some of the interests of participants in insolvency proceedings that may lead to a diversion of the legal text to the detriment of the special principles of insolvency proceedings. In order to ensure the application of the law in their spirit, the role of the judge needs to become more important, including by resolving situations...

The present paper aims to analyse the effects that the criminal precautionary seizure may have on the assets of the debtor who is in insolvency or bankruptcy procedure and to highlight the special, derogatory nature of the insolvency legislation’ provisions as compared to those of the criminal law regarding the recovery of the debtor’s assets. ...