Some considerations about the ephemeral existence of the Insolvency Code Cover Image
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Câteva considerente despre existența efemeră a Codului insolvenței
Some considerations about the ephemeral existence of the Insolvency Code

Author(s): Cristian Valeriu Radu, Vlad Peligrad
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: Insolvency Code; lack of clarity and previsibility; the right to be informed

Summary/Abstract: On the 4th of October 2013 , after lightning lawmaking process of the project for the Insolvency Code as it was proposed to be adopted by the Parliament underwent significant changes because of the urgency with which everybody wanted it to be approved , the Government published O.U.G. no . 91/2013 on procedures to prevent insolvency and insolvency, law which, in practice, was often referred to as the "Insolvency Code ". According to the above mentioned law, the Insolvency Code would enter into force on the 25th of October 2013. But, on the 1st of November 2013, Decision no. 447/29.10.2013 was published by the Constitutional Court , after considering the objection raised by the Ombudsman on the two articles of the Insolvency Code - art. 81 para. ( 3) and the provisions of art. 348 – it found that the entire law is unconstitutional . Although it is very difficult to review all the effects of these uninspired legislative events in the field of insolvency, certainly the practice will reveal the bizarre situation that defies legal logic .

  • Issue Year: 2013
  • Issue No: 11
  • Page Range: 603-606
  • Page Count: 4
  • Language: Romanian
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