Incompatibilitatea administratorului judiciar. Cazuri speciale

Abstract

Legal administrator’s incompatibility Special cases

According to art. 27 section 1 Code of Civil Procedure, in conjunction with art. 29 para. (1) letter b, of GEO no. 86/2006, it appears that the one who personally or whose spouse, ancestors or descendants have any interest in the proceedings, or if spouse, relative or related until the fourth degree of kinship, including such relationships with any of the parties cannot operate as legal administrator.

Admitting that the reference in the wording of art. 29 of GEO no. 86/2006 to the Code of Civil Procedure also draws the incidence of art. 28 of this normative act, it appears that legal administrators/liquidators who are relatives and in-laws of those who take part in the proceedings as: tutor, curator or director of a public institution or trading company at the time when they have no personal interest in the proceedings, cannot be removed from the case.

Removing the...