The opening of insolvency proceedings upon the creditors request should not raise any problems, given that the legal regulation contained in Law no. 85/2014 seems clear. In this sense, the conditions that the creditors’ claims must meet in order to open the insolvency procedure against the debtor are those provided by art. 5 point 20 and art. 5 point 72 of the Law no. 85/2014.However, there are still controversies relating, inter alia, ...

The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing re...

Law No. 85/2014 on insolvency prevention procedures and insolvency proceedings is characterized by the specialization, the autonomy and the strictly determined object of its regulatory norms. However, when applying these norms, particularly during the devolution of the insolvency proceedings, several conflicts, collisions and necessary correlations with other judicial norms, have been found, meant to ensure, if necessary, the primacy of incide...

The present study presents issues regarding the request for lifting the suspension of judicial, extrajudicial or enforceable actions for the realisation of the creditor’s claim over the debtor’s assets as provided by art. 75 par. 1 of the Law no. 85/2014 on pre-insolvency and insolvency procedures which creditors that have a preferential claim may have in favour, exception of the principle of suspension of the creditor’s powers to asset and enf...

The new Law on pre-insolvency and insolvency procedures, after settling the predicament in a special manner of liquidation of the debtor’s assets in bankruptcy, including by selling assets, offers a final solution for valuing the debtor’s patrimonial assets, using the provisions of the Civil Procedure Code, in order to sell by public auction the assets of the debtor. The disclosure of the purpose of the reference standard and of the compatibi...

The new Fiscal Procedure Code, in force on 1st of January 2016, addresses once more the issue of payment facilities but from a new perspective, allowing for a codification of the existent regulations in this field and offering a real support for contributors acting in good faith but found in financial struggle.In this newly created context, the fiscal legislator establishes a true payment facility procedure that we have structured in the ...