Termenul de prescripţie pentru executarea unei hotărâri de angajare a răspunderii solidare potrivit dispoziţiilor Legii nr. 85/2014 atunci când pasivul debitorului include şi datorii bugetare

Lect. univ. dr. Raul MIRON

Conf. univ. dr. Nicolae PLOEŞTEANU

ABSTRACT

In this article we are going to analyze the premises that were the basis of the referral to the High Court of Cassation and Justice in the procedure regulated by art. 519 et seq. C. pr. civ., regarding the issue of the applicable legal regime, in particular of the prescription for the execution of a budgetary claim established by a court decision pronounced in the joint liability procedure provided for by law no. 85/2014 on insolvency prevention and insolvency procedures, as well as to formulate certain conclusions regarding the solution recently pronounced and anticipated by us and the consequences in practice.

The correct solution, as also decided by the ÎCCJ, is in the event that the liability of the members of the management...