ABOUT THE RES JUDICATA AUTHORITY OF THE REORGANIZATION PLAN AND/OR OF THE MEASURES TAKEN BY THE JUDICIARY ADMINISTRATOR OR LIQUIDATOR WITHIN THE FRAME OF THE INSOLVENCY PROCEDURE
ABOUT THE RES JUDICATA AUTHORITY OF THE REORGANIZATION PLAN AND/OR OF THE MEASURES TAKEN BY THE JUDICIARY ADMINISTRATOR OR LIQUIDATOR WITHIN THE FRAME OF THE INSOLVENCY PROCEDURE
Author(s): Ioan SchiauSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Private Law; Civil Procedural Law; Insolvency Procedure; Res Judicata; Reorganization Plan; Procedural Acts; Administrator/Liquidator;
Summary/Abstract: This paper examines the legal force of various procedural acts delivered within the frame of the insolvency procedure as regulated by Law 85/2014. The study aims to assert the res judicata effects of the syndic judge judgments and to find out if the related procedural acts approved or scrutinized by the syndic judge or issued by the insolvency administrator or liquidator during the insolvency procedure enjoy such effects, concluding that, while not all these acts enjoy res judicata, all of them have binding legal force upon all participants to the procedure and even upon third parties.
Journal: Law Review
- Issue Year: 2019
- Issue No: Supliment2
- Page Range: 219-226
- Page Count: 8
- Language: English
- Content File-PDF