EFECTELE DESCHIDERII PROCEDURII INSOLVENŢEI CU PRIVIRE LA DREPTUL DE ADMINISTRARE – ART. 85 DIN LEGEA NR. 85/2014
THE EFFECTS OF OPENING THE INSOLVENCY PROCEDURE ON THE RIGHT OF ADMINISTRATION - ARTICLE 85 OF LAW 85/2014

Summary/Abstract: An important effect of the opening of the insolvency proceedings is the lifting of the debtor's right of administration, which consists in the prohibition to conclude certain documents related to the property subject to the proceedings, so that the debtor can conclude any documents that have no effect on his or her wealth, and he can even exercise another economic activity. The right of administration in the event of bankruptcy, irrespective of the form of the procedure, whether general or simplified, ceases to be lawful, and in other cases, when the simplified procedure opens the law -ope legis- to the indicated subjects in law, the right of administration ceases only if the judge has decides in this respect. If the right of administration was raised during the observation period, but a reorganization plan was confirmed, the insolvent debtor regains, ope legis, the previous right of administration, following the confirmation of a reorganization plan.

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