Metamorfoza Legii nr. 85/2014 sau zbor deasupra unei...transpuneri de directivă europeană...(I)

Lect. univ. dr. Sergiu GOLUB

Facultatea de Drept, Universitatea "Babeş-Bolyai" din Cluj-Napoca

ABSTRACT

It is a truism that, as a rule, economic crises (and not only) have a certain cyclicality, relatively easy to detect. Trying to capitalize on the “calm before the storm", the European Legislator has focused on a difficult area during the previous crisis - insolvency. Applying the medical principle: it is easier to prevent than to combat, he focused in particular on the area just before insolvency, from a logical and chronological perspective, pre-insolvency or, better said, insolvency prevention. Thus, initial discussions about the second chance started, practically, even during the unfolding of the previous crisis. Then the agglutination of a European directive (metaphorically called, at one point, The second chance directive) became a reality. Then it went through the forks of the complex...