Dreptul de administrare al debitorului în noua reglementare a procedurii insolvenţei

Lect. univ. dr. Daniela MOŢIU

Universitatea de vest din Timişoara, Facultatea de Drept

ABSTRACT

The debtor’s right of administration, consisting of the right to perform his activity, to manage his property and to dispose of it, is exercised through the agency of a special administrator, under the direct supervision of an insolvency administrator, during the observation procedure or reorganization period. Initiating the bankruptcy procedure has the direct effect of cancelling the debtor’s right of administration. The bankruptcy judge may decide, by the very decision of starting the insolvency procedure, the total or partial cancellation of the debtor’s right of administration. As a sanction, the cancellation of the administration right may occur at the request of creditors, of the creditors’ board or of the insolvency administrator, the bankruptcy judge also having the power to dispose it ex officio.

The...