Mecanisme ale reorganizării și expresia lor contractuală
Reorganization Mechanisms during Bankruptcy and its Contractual Manifestations

Summary/Abstract: The following paper aims to present and analyse some of the reorganization mechanisms derived from, or in accordance with, the insolvency procedure provided by the Romanian national law. However, the upper mentioned mechanisms, both due to the relative inovation they presume, or the aparent complexity, are quite unpopular regarding the appliable jurisprudence. In this order of thoughts, the author presents the contractual manifestation of each of the mechanisms, as a proof that their practicability is both an economical and a judicial reality, and as a consequence, represent clear options in order to save a company in dificulty. Either we refer the hair-cut mechanism, the debt for equity swap one, asset or share deals, or other mechanisms like capitalizing leaseholds or making a commissioning payment, the offered solutions by the insolvency law represent true options available to the involved ones within the insolvency procedure, options that due to the diversity of the judicial effects they provide, are capable of responding to a great variety of needs and particularities of a debtor-in-possesion, just enough to make the desired status quo change.

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