With a history of about 125 years, the unincorporated partnership/joint venture has managed to come into prominence in the daily legal life as a usual, familiar presence, not raising significant problems (doctrinal and jurisprudential equally).A regulation more than compact – articles 251-256 of the Commercial Code – placed in Title VIII On companies and commercial associations, Chapter II On associations (after Chapter I On companies), S...

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, ...

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...