Scindarea acţiunilor în realizarea unor creanţe între instanţa de drept comun şi judecătorul-sindic şi alte probleme de compatibilitate

dr. Andreea DELI

avocat

ABSTRACT

A debtor’s entering the insolvency proceedings has consequences in respect of the remedies available to it in order to recover its claims, pending before the substantive law courts or before the courts of arbitration. According to article 75 of Law No 85/2014, the litigation becomes concursual and its “transfer" to the syndic judge’s competence for settlement, depending on the trial stage is not optional, but mandatory, otherwise it incurs the risk of preclusion. The problem is that, theoretically, all elements of the litigations are not “transferable"; hence, this analysis attempts at finding solutions for the continuity of the civil trial in order to finally achieve a stable and predictable table of claims. On the other hand, the ongoing contracts or, in some cases, the new contracts signed by the debtor in insolvency...