Although there is an express regulation under the Civil Code, both hardship and datio in solutum have particularly attracted the attention of the legislator, who considered that common regulation is not sufficient to resolve situations arising during the post-2008 economic crisis, when the debtors were no longer able to fulfill their obligations. Thus appeared Law no. 77/2016, which was “improved” along the way by Law no. 52/2020, its...

The article discusses how civil courts deal with the fraud by backdating documents by a former representative of the company together with a third party. The specificity of this kind of fraud is that it puts at work some legal presumptions (the presumption that the date on the document is the correct one, the presumption that the agreement has a lawful cause) to create advantages for the fraudsters. When situations of this kind are not timely...

Exclusion is a measure specific to intuitu personae companies. The legal enumeration can be extended through by-laws, as established by the High Court of Cassation and Justice – Panel for resolving legal issues in civil matters, by Decision no. 28/2021. Prior to this decision, the doctrine was divided, a large part considering that the enumeration is limiting. However, the shareholders cannot eliminate, through the by-laws, one or mo...

Analysis of the judicial practice regarding the liability of the insolvent Debtor’s management bodies. The concurrence between the attraction of the director’s liability under the terms of art. 169 of Law no. 85/2014 and the fiscal decisions implying the director’s joint and several liability for fiscal debts.

Pursuant to art. 103 of Law no. 85/2014, the claims benefiting from a cause of preferance are entered in the final table and / or in the final consolidated table, as the case may be, at the value corresponding to the good affected by the guarantee, as it is assessed by the appraiser, according to International Evaluation Standards.The legislator imposes a maximum limit on the value resulting from the valuation, namely the value (amount)...

Throughout history, there have been many discussions about the manner of State intervention in capitalist economies, namely pure liberalism (and non intervention of the State) or State interference, in order to harmonize particular interests with the general interest.Romania has adopted a series of measures regarding the economic, financial, and social consequences of the spread of COVID-19, including by granting a number of incentives, ...

Adoption and entry into force in 2014 of Law no. 85/2014 on insolvency prevention and insolvency procedures led to the modernization of insolvency legislation in Romania.The year 2020 has brought major global challenges, with the coronavirus pandemic causing unrest on all fronts, with significant effects on the global and national economy.Law no. 55/2020 aimed to provide some additional protection measures to companies in financia...

A debtor’s entering the insolvency proceedings has consequences in respect of the remedies available to it in order to recover its claims, pending before the substantive law courts or before the courts of arbitration. According to article 75 of Law No 85/2014, the litigation becomes concursual and its “transfer” to the syndic judge’s competence for settlement, depending on the trial stage is not optional, but mandatory, otherwise it incurs th...

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...

This study has been triggered by the cases encountered in the judicial practice and by their applied nature.The occurrence, at the Appeal Courts level, of diametral conflicting positionings in respect with the application and interpretation of the legal provisions regarding the voting exercise upon a reorganization plan, more specific the ones related to the acknowledgement and interpretation of the assumptions connected to the un-depri...