The new preventive agreement 6 months after the entry into force of Law no. 216/2022 Cover Image

Noul concordat preventiv la 6 luni de la intrarea în vigoare a Legii nr. 216/2022
The new preventive agreement 6 months after the entry into force of Law no. 216/2022

Author(s): Flavius Iancu Moţu, Andreea Deli
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: preventive concordat; distress; votes on the plan; cross-class cram-down; claims dynamics; comparison with insolvency;

Summary/Abstract: An impartial benefit of the newly structured preventive concordat proceedings lies in its economic implications. To comprehend the architecture of these proceedings, a comparison with the former system – which suffered from a lack of consistency and continuity in its effects – proves insightful. Unlike its predecessor, the new preventive concordat proceedings are woven into the company's economic fabric. They are designed as a strategic resource for financially distressed debtors, serving a preventive function that offers the legal mechanisms for recovery. An examination of the preventive concordat proceedings initiated under Law No. 216/2022 reveals that debtors resorting to such proceedings are challenged to promptly demonstrate the reversibility of their financial predicament. Consequently, this accelerates the alignment of debtors with their economic reality when they engage with these proceedings. This results in a swifter evaluation of the debtor's potential for recovery.

  • Issue Year: 2023
  • Issue No: 2
  • Page Range: 5-11
  • Page Count: 7
  • Language: Romanian
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