Analiza Legii nr. 151 din 18 iunie 2015 privind procedura insolvenţei persoanelor fizice prin raportare la teoria impreviziunii

Avocat dr. Mihai Andrei AIRINEI

ABSTRACT

On 1 January 2018, Law no. 151/2015on insolvency proceedings for natural persons came into force. The law was promoted in Parliament against the background of the social and financial crisis generated by the effects of Swiss franc contracts, in line with the increase in the ratio between the national currency and the foreign currency in which the contracts had been concluded. The entry into force of the law was postponed successively, but it has now been decided that it can take effect, even if there is no full harmonization between other regulations and this law. A number of effects are thus being discussed by reference to the theory of unpredictability, as well as debates in the sense of identifying the effects on offences in corporate bankruptcy law, simple bankruptcy and fraudulent bankruptcy. As the law has not been...