In this article we are going to analyze the premises that were the basis of the referral to the High Court of Cassation and Justice in the procedure regulated by art. 519 et seq. C. pr. civ., regarding the issue of the applicable legal regime, in particular of the prescription for the execution of a budgetary claim established by a court decision pronounced in the joint liability procedure provided for by law no. 85/2014 on insolvency p...

The evolution of the insolvency legislation in Romania has led to a privileged legal regime regarding creditors with current claims, they have rights and additional protection in order to recover the claims. The holders of this type of claims have priority over payment and do not enter into competition with the creditors with claims prior to the opening of the insolvency procedure, being able to request, under certain conditions, the op...

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 l...

The survey examines the shares enforcement procedure, the rules and restrictions resulted from the observance of the legal status of these securities. Keywords: shares, enforcement, public tender, affectio socie...

In a natural order of things, specialized legislators should not generate conflicts of special rules. But sometimes conflicts occur. In the following we will try to x-ray such a conflict arisen between a special provision of the Fiscal Procedure Code and of the law on insolvency proceedings.

The article examines the possibility of enforcement on the shares of a limited liability company owned by an associate who is also a debtor, given the recent changes to the Law on Companies no. 31/1990 trough Law no. 152/2015 amending and supplementing certain regulations in the field of registration in the trade register. The author concludes that these shares may not be freely enforceable even in the context of the new legislation, br...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the eighth of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with whic...

The article investigates legal controversies arisen in practice regarding the status of creditors who benefit from a mortgage on the banking account of the debtor, when in concurrence with other creditors who aim to recover their receivables from the same person. With a special view at forced execution and insolvency procedures, the authors provide an analysis of the different approaches used by bank-account mortgagees in order to justif...