Restrângerea capacităţii persoanei juridice ca urmare a trecerii la faliment. Aspecte concrete

Ciprian TIŢA

Restriction of the legal person's capacity following bankruptcy. Concrete aspects

Abstract

The capacity of the legal person at the time of the transition to bankruptcy changes according to the phases of the insolvency proceedings (observation period, reorganisation, bankruptcy) and the role of its representatives, and the lifting of the legal person debtor's right of administration naturally implies its incapacity from that moment.

Jurisprudence usually follows these steps and the specific consequences produced by each of them, but there are also situations where, for various reasons, the solutions do not exactly follow a rule or are missing or unclear, which leads to the need for an efficient solution.

Keywords: capacity of legal person; capacity to sue and be sued and capacity of exercise of legal person; state of insolvency; passage to bankruptcy.

Rezumat

Capacitatea persoanei...