Tratamentul juridic al supraîndatorării antreprenorului individual aflat în insolvenţă

Judecător Mihaela Sărăcuţ

Legal treatment of over-indebtedness of the individual contractor in insolvency

Abstract

Once the state of insolvency of the natural person is established, determined both by his or her over-indebtedness, and by the high degree of indebtedness of the company the owner of which he or she is, it naturally results the question of knowing how the existing crisis will be dealt with.

The natural person being overleveraged who is in insolvency may lodge an application to be placed under protection of the Law on the insolvency of natural person, and this application shall be addressed either to the relevant insolvency committee, or to the insolvency court, as the case may be, in relation to the situation of his or her assets, for the purpose of obtaining the debt remittance.

As an owner of a business company in a stated of insolvency, the natural person is required to address to the...