Necessary correlations in the analysis of the state of difficulty, the state of financial difficulty and the state of insolvency presumably instated Cover Image

Corelări necesare în analiza stării de dificultate, a stării de dificultate financiară și a celei de insolvență prezumat instalată
Necessary correlations in the analysis of the state of difficulty, the state of financial difficulty and the state of insolvency presumably instated

Author(s): Stan Tîrnoveanu, Viorica Clima
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: difficulty; financial difficulty; insolvency; access to preventive procedures;

Summary/Abstract: The notion of “difficulty” regulated by Law no. 216/2022 offers a more comprehensive scope than the notion of “financial difficulty”, similar to the requirements of Directive (EU) 2019/1023. The future ability to pay debts as they fall due is affected by the existence of difficulty, with the risk of insolvency in the next 24 months. Insolvency, as a state of patrimony, is subsequent and different from difficulty, even excluded by the latter.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 13-19
  • Page Count: 7
  • Language: Romanian