RĂSPUNDEREA INTER GRUP, CA FORMĂ DE RĂSPUNDERE ÎN MATERIA INSOLVENŢEI. EXEMPLIFICĂRI DIN PRACTICA INSTANŢELOR INTERNAŢIONALE
INTERGROUP LIABILITY AS A FORM OF LIABILITY IN INSOLVENCY MATTERS. EXAMPLES FROM THE PRACTICE OF INTERNATIONAL COURTS

Summary/Abstract: The form of special liability of intergroup liability involves a series of particularities in the field of insolvency that derive from the fact that the implications on the group of companies and the impact on the corporate life can generate chain effects, likely to generate a phenomenon of insolvency of the entire group of companies. Thus, our national regulations require that the insolvency of a group of companies be solved unitarily within the same insolvency file, provided that the companies in this situation are at the same stage of the procedure, and the examples from the practice of international courts reveal in this study the complexity of a procedure that takes place on the territory of several states. The engagement of corporate liability within the group of companies under the insolvency law involves a much more complex procedure than in a normal procedure, being in strict correlation and dependence with the size of the group of companies, as well as with the cross-border dimension of the group.

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