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...

Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to reduce...

The legal issue that we bring to attention within this study refers to the possibility that an arbitration convention signed by two parties may be also extended towards a third party which is a part of the group of one of the signatories.The group can be organized as a pyramid, on top being the shareholder or the dominant company, or it can have a radiant form, in which case we have in the center the entity that exercises the control. Ho...