THE ROLE OF INSOLVENCY PROCEEDINGS. THE CONCEPT AND CHARACTERISTICS OF THE INSOLVENCY PROCEDURE
THE ROLE OF INSOLVENCY PROCEEDINGS. THE CONCEPT AND CHARACTERISTICS OF THE INSOLVENCY PROCEDURE

Summary/Abstract: Insolvency means "that state of the debtor's patrimony which is characterized by the insufficiency of funds available for the payment of certain, liquid and enforceable debts" (art. 5, point 29 of Law no. 85/2014). Most traders see insolvency as the end point of the business - a moment when the company is assaulted by creditors, and the only option left is bankruptcy or closure of the company. Indeed, in some cases, insolvency is one of the symptoms of a non-performing business, however in many situations the inability to pay is just the result of an unfavorable situation that any trader can encounter, even those who have a viable business (for example customers do not pay their debts on time, sources of financing become unavailable, etc.). The difference between insolvent companies that survive on the market and those that disappear is the managers' ability to quickly identify the resources needed for recovery. Solutions must be sought primarily in the economic sphere and always involve profound changes in the way society functions; however, the other instruments that can facilitate a faster recovery of the society in difficulty should not be neglected.

• Details
• Contents