The article analyzes the different way in which the Romanian courts, courts and courts of appeal, vested with the judging of the appeals against the measures of the administrator/judicial liquidator regarding the procedures of valorisation of the assets in the insolvency procedure, have solved these types of cases. Until a disassociation of this problem of law realized, according to art. 519-521 of Code of Civil Procedure, by the High Court o...

The administrator’s loyalty obligation raises a number of problems when the company he manages is part of a group of companies. Who is the beneficiary of the loyalty obligation or to whom does the administrator owe loyalty? What interest should this pursue: the interest of the company or the group? What is the content and extent of his loyalty obligation? Does it extend to business opportunities or not? The lack of legal personality of the grou...

Actions for the annulment of decisions taken by the general assembly of shareholders have been traditionally regarded as non-arbitrable in Romania.This author believes that, in the light of the provisions of the new Code of Civil Procedure, and of international developments in this area, such matters are capable of being submitted to settlement by arbitration.

The Directive regarding the restructuring and insolvency is intended to set out some business recovery proceedings based on an out-of-court reorganization plan. The business recovery plan represents the core element around which the architecture of any restructuring shall be shaped. The manner in which such a plan is intended to operate at the time the claims satisfaction percentage and modality are submitted to examination, translates in fact...

The amendments to the Insolvency Law brought by GEO 88/2018 destabilized this field and affected the very reason of the insolvency procedure transforming it from a purely collective procedure, into a procedure that allows the individual recovery of the receivables of the tax creditors through individual enforcements.The wave of enforcements initiated under this ordinance has entailed a series of practical problems and questions left una...

This article contains, broadly speaking, the author’s support in several scientific conferences and lectures held during continuous training courses having as a center of interest the General Meetings of the Associates/Shareholders and the Creditors’ Meetings in the insolvency proceedings. In Part 1 of this article we will address a theme sustained at the Conference „Business Law. Current Challenges”, organized under the aegis of t...

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. ...

We set out to analyze a theory according to which the real (in rem) right over another person’s property is placed within the content of a real relationship, a relationship in which the subjects cannot be totally independent, in which there may exist – concomitantly – a right with erga omnes opposability, but also a special passive conduct, assumed, of the owner, as soon as they understood to constitute, in favour of another, a real ...

The evolution of the insolvency legislation in Romania has led to a privileged legal regime regarding creditors with current claims, they have rights and additional protection in order to recover the claims. The holders of this type of claims have priority over payment and do not enter into competition with the creditors with claims prior to the opening of the insolvency procedure, being able to request, under certain conditions, the opening o...

Through the study having the title and the mentioned object, we set out to identify, present and analyze some of the legal implications that it may have, the legal nullity of the deletion of the (commercial) companies that did not increase their share capital, at the level and within the terms imposed by certain special laws. ...