By approving the Law regarding datio in solutum, the Parliament intended to create a special form for an old institution – datio in solutum – especially by eliminating the necessity of obtaining the consent of the creditor for this mean of accomplishing through payment the obligations. The solution addopted produces some effects, which are unclear as being avoided through a general derogation from the Civil code, and could lea...

After the date of opening of insolvency proceeding, if it was not raised the right of administration, the debtor, by special administrator, is the one who decide on restructuring measures or amendments of the collective agreement, under the supervision of the insolvency administrator. The right to decide on the termination of individual employment contracts belongs to the insolvency administrator/judiciary liquidator, according to art. 123 par...

The compensation institution of mutual receivables and payables of the creditor and debtor has regulators, both in the Insolvency Law and in Common Law. However, in the operational practice of this legal institution of extinction of obligations, during the insolvency procedure, we notice that the insolvency practitioners are avoiding this operation, as well as the syndic judges are reluctant when rulling over compensation.Men...

The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion – as vice of consent – and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of i...

To shelter the creditors from the acts concluded by the debtor in their fraud, the law opens them the path of a special action, the Paulian action, by which the creditors can attack in justice the vilain acts concluded by the debtor with the defendant third party, requesting the competent court of law to declare them as inopposable in the relations with them allowing them to avoid the consequences of fraud.The creditor cannot prevent th...

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...

The right to decide the opening of the insolvency procedure, the choice of procedure, simplified or general, the designation of the representative responsible for introducing the application and the insolvency practitioner to be mentioned in this application, including the special administrator and the possibility that can safeguard the debtor company by implementing of a judicial reorganization plan are the prerogatives of the management bodi...

The cases under analysis are presented from two argumentation perspectives, a major one and a minor one, both leading (with regard to the same factual situation) to contrary solutions: admitting or dismissing the action for the liability of the administrator and/ or other managers for the debtor’s stopping payments.

This article discusses the legal situation of the debtor who made a promise to sell movables or immovables prior to her subsequent judicial declaration as bankrupt, and of the creditors who made a promise to buy such goods. Taking in consideration all the „innovations” introduced in the Romanian Law in recent years, it argues that the non correlation of the dispositions of various recent legislative enactments, among which predominantly figure...