Paradoxuri şi capcane în procedura insolvenţei

Prof. univ. dr. Ion TURCU, Facultatea de Drept, Univesitatea Babeş-Bolyai

Drd. Simona SZABO, judecător, Curtea de Apel Cluj

Asist. univ. drd. Mădălina STAN, Facultatea de Drept, Univesitatea Babeş-Bolyai

Summary:

The main designation of the Insolvency Law is to institute accurate criterions of operation and treatment for the insolvent debtor. In the restraint sense, the law contains the collective procedural norms of the enforced execution of some certain establishments. In the extended sense, the law enlarges upon the legal provisions, regularizing larger effects of the economical phenomenon, regulations which belong to the trading companies’ laws, the credit institutions’ activity, commercial competition, labor legislation, taxation, procedural law.

The Law nr. 85/2006, the new law of the insolvency procedure, regularizes two alternate procedures: the general procedure (art. 3 pct. 24) and the simplified procedure (art. 3 pct. 25). As opposed...