CITAREA ŞI COMUNICAREA ACTELOR DE PROCEDURĂ ÎN PROCEDURA INSOLVENŢEI – ART. 42 DIN LEGEA NR. 85/2014
CITING AND COMMUNICATING PROCEDURAL DOCUMENTS IN INSOLVENCY PROCEEDINGS – ART. 42 OF LAW NO. 85/2014

Summary/Abstract: The summoning of the parties, as well as the communication of any procedural documents, conventions and notifications, shall be made through the Insolvency Proceedings Bulletin, except for two situations, respectively, where the communication of summonses, convocations and notifications is made to the participants in the process, whose headquarters, domicile or residence are abroad, and in which the communication of procedural documents is prior to the opening of the proceedings and the notification of the opening of the proceedings, when the proceedings will be conducted in accordance to the provisions of the Code of Civil Procedure. The publication of procedural documents, or, as the case may be, of court rulings in the Insolvency Proceedings Bulletin replaces, from the date of their publication, the summoning, the calling and the notification of procedural documents made individually to the participants in the trial, which are presumed to be fulfilled at the time of publication. As regards the notification of the debtor's creditors by the judicial administrator / liquidator, immediately after the opening of the insolvency proceedings, for the purpose of formulating possible claims, it will also be done according to the provisions of the Code of Civil Procedure. Although the legislator has established that the time limit for filing claims is a period of decay, it has also established the possibility of reinstating the appeal in due time for the debtor before the opening of the insolvency proceedings, who was not notified with the start of debtor's insolvency proceedings, according to the provisions of the Civil Procedure Code.

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