Câteva reflecții asupra noii reglementări privitoare la insolvența persoanelor fizice
Certain considerations on the new regulation related to the individuals’ insolvency

Summary/Abstract: The author describes certain procedural rules regarding the insolvency procedure of the debtors – individuals in the body of this study. In the first part of this study, certain critical considerations regarding the procedure initiated by Law no. 151/2015. Such reflections especially refer to the usefulness of this procedure distinct from the common law procedure and, respectively, from the procedure promoted by the Insolvency Code.A separate analysis is given to the bodies, which take part in the insolvency procedure, respectively to the insolvency committee, to the court, to the judicial liquidator and to the administrative receiver of the respective procedure.Certain considerations and remarks are formulated in relation to the power of the insolvency committee and of the court. Certain critical reflections concern the possibility for lawyers and notaries public to be conferred the capacity of administrative receiver of the procedure and judicial liquidator.The author remarks that the present regulation derogates from the common law rules in the matter of enforcement and substantially and unlawfully restricts the monopoly laid down by law to the to the bailiffs in the matter of enforcement.He concludes that the involvement of many experts in the insolvency procedure is likely to affect the quality of the activity carried out in this field.

• Details
• Contents