Din nou despre singularitatea insolvenței pe tărâmul execuțional al dreptului
The (still) singularity of insolvency proceedings in the realm of foreclosure

Summary/Abstract: The issue of foreclosure with in insolvency proceedings may be considered recurrent, while the legislative practice proves it still represents an “area of interference”. Unfortunately, for the insolvency procedure the effect that such enforcement triggers is a systemic one, since it represents the very negation of insolvency as a fully collective procedure, a legitimate reason for its functioning. As historical interpretation, the following analysis aims to provide current debates with certain arguments under which the compatibility between the insolvency procedure and individual enforcements, including those procedeed by budgetary creditors, has already been tested and eventually rejected. The arguments justifying such solutions represent, for the insolvency proceeding, a remedy towards regaining stability and coherence as a legislative mechanism.

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