Vânzarea prin licitaţie publică, potrivit Codului de procedură civilă, a bunurilor debitorului declarat în faliment

dr. Marian BRATIŞ

judecător, Curtea de Apel din Timişoara

Abstract

The new Law on pre-insolvency and insolvency procedures, after settling the predicament in a special manner of liquidation of the debtor’s assets in bankruptcy, including by selling assets, offers a final solution for valuing the debtor’s patrimonial assets, using the provisions of the Civil Procedure Code, in order to sell by public auction the assets of the debtor. The disclosure of the purpose of the reference standard and of the compatibility rules of the Civil Procedure Code relevant for the procedure of sale by public auction of these assets, may represent for the insolvency practitioner, creditors, debtor and, last but not least, for the syndic judge a new horizon towards solving the causes of insolvency, in particular those which register long durations of settlement and the decision making impasse of...