Răspunderea întreprinzătorului persoană fizică, organizat conform O.U.G. 44/2008, în cursul exercitării normale a activităţii, în cursul şi după închiderea unei proceduri de prevenire a insolvenţei sau de insolvenţă
The liability of natural person entrepreneur, organized conforme Government’s emergency ordinance no. 44/2008, in course of normal her activity, in the course and after closing of preinsolvency procedure or insolvency procedure

Summary/Abstract: The prezent study starts of the recherche one an particular case of the Supreme Court în wich, noticing that appeal court not applied corectly the raport between special norm and general norm, admitted the appeal and sended the case for rehearing for to give effect to the provisions art 181 from Lo. nr. 85/2014, as special legal norm. The verification of the fulfilment of the conditions of art. 181 was ordered în relation to the provisions of art. 2324 paragraph 3 of the Civile Code and art. 26 of the Government’s emergency ordinance no. 44/2008 which represents the general norm in the matter and which are partially removed from application in the sense of limiting liability, by applying the specialia generalibus derogant principle. The study extends to the analysis of the liability conditions of the natural person entrepreneur carrying out an economic activity, regardless of the form of its exercise – authorized natural person, individual enterprise, family enterprise – as well as to the limited of his liability in the hipotesis in which he was subject to an agreement of restructuring, a concordat procedure, a judicial reorganization procedure or a bancruptcy procedure. The study will analyze the liability, through a jurisprudence analysis, and in relation to the unextinguished fiscal obligations ot the entrepreneur, after his deletion from the trade register.

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