Falimentul- legii insolvenłei – pledoarie pentru o necesară înnoire a conceptului de insolvenłă
„The bankruptcy” of the law on insolvency – argument for a necessary update of the insolvency concept

Summary/Abstract: The disappearance of a company is dramatic for both the debtor and his creditors, but especially for the debtor’s employees and their families. Its effect may broaden to the entire region in which the company is situated, bringing about a decrease in the economic performances. Never does the bankruptcy affect only an isolated company; on the contrary, its consequences are felt by the entire collectivity. The Romanian legislation, more precisely the Law No. 85/2006 on the insolvency procedure, operates with two concepts placed on the balance pans: available money funds, on the one hand, and demandable debts, on the other hand. The French formula is situated somewhere in between the American and the national concept of insolvency, comparing the demandable debts to the available actives. The study pleads, in an argued manner, for the replacement of the current insolvency formula with the French pattern, however taking into account the realities of our country, by legally defining the concept of available actives, including the immediate enforceable actives: the cash from the pay office, the demandable claims for which writs of execution were issued, the creditor sold of the bank account, the reserves of credit consented by the bank as pay office facilities and credit opening, as well as facilities consented by the suppliers such as setting a new date of payment or spreading out payments. This new view of the insolvency is of paramount necessity, due to both the paradoxical situation of the unavailability of money, and the relativity of the conclusion regarding the sold of a current bank account, primarily characterized by dynamism.

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