Personal liability of the members of the administrative bodies to the taxpayer of the managed legal person is a liability of guarantee which allows a direct action against these persons, which exclusively benefits the tax creditor, that violates the rules of equality and equity between creditors, whether they are privileged. Personal liability under the tax procedure is the liability of the directors, whether legal or factual, and not to othe...

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...

The objectiveness of the insolvency procedures can be ensured primarily through a balanced distribution of roles of the interested parties, without granting a decisive influence to any participant who is not under the obligation to give reasons for its decisions.The second factor (derived from the first) for the purposes of maintaining the objectivity is the appointment of independent specialists in order to perform the economic analysis...