Respingerea cererii de deschidere a procedurii de insolvenţă pentru lipsa unor înscrisuri care trebuie depuse potrivit legii. Inexistenţa obligaţiei instanţei de a le solicita. Analizarea de către instanţa de apel a cererii şi pentru celelalte condiţii de deschidere a procedurii insolvenţei, după cenzurarea soluţiei

Rejection of the application to open insolvency proceedings for lack of documents required to be filed by law. No obligation on the court to request them. Examination by the court of appeal of the application and of the other conditions for the opening of insolvency proceedings after the decision has been reviewed

Abstract

If the application to open proceedings was rejected at first instance on the grounds that certain mandatory documents had not been lodged, if the court of appeal considers that they have been lodged or that they are not necessary, it will also have to examine the other conditions laid down by law for opening proceedings, even if they were not examined by the...