Titularii dreptului la acţiune, liberul acces la justiţie şi garanţiile unui proces echitabil

Simona AL HAJJAR

judecător, Curtea de Apel Cluj

Summary

The article 138 within the Law 85/2006 individualizes the title holders of the right to take action in the liability of the governing bodies.

Primarily, the action can be exercised by the trustee and the liquidator.

In the subsidiary, the right to action belongs to the creditors' committee.

The provisions of the article 130 paragraph 3 within the Law 85/2006 establishes the rights of the representative body of either the community of creditors or the creditor which holds 50 % of the debt value to claim to be authorized to promote the action for covering the liabilities only under certain conditions and if the actions threatens to prescribe itself.

The procedure of preliminary authorization it is a non-contentious one. Inside it, the bankruptcy judge does not express assessments which might spoil his impartiality or which might prevent him from...