CÂTEVA CONSIDERAŢII PRACTICE ÎN LEGĂTURĂ CU INCIDENŢA ART. 75 DIN LEGEA NR. 85/2014 PRIVIND PROCEDURILE DE PREVENIRE A INSOLVENŢEI ŞI DE INSOLVENŢĂ ASUPRA UNOR CATEGORII DE LITIGII AFLATE PE ROLUL INSTANŢEI
FEW PRACTICE CONSIDERATIONS REGARDING THE APPLICATION OF THE ARTICLE NO. 75 OF THE LAW NO. 85/2014 REGARDING THE BANCRUPCY AND THE PROCEEDINGS OF THE BANCRUPCY ON THE LITIGATIONS

Summary/Abstract: The insolvency is an economic reality which can not be ignored neither by the legislative, nor by the jurisprudence, this procedure being regulated under the Law no. 85/2014, a new law containing new rules in this area. The aim of this law is to create a collective procedure for the protection of the debtor’s debts, ensuring equal treatment of all the creditors. An important part of the doctrine and of the jurisprudence had to interpret the effect of the article from the insolvency law, regarding the suspensive measure in those trials involving the claims of the debtor properties and goods. The jurisprudence is notunanimous regarding the judgements related to the measure of suspension of the trials, considering the connection or the absence of connection of the judgements to the insolvency procedure.

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