Unele consideraţii privind regimul contractelor în derulare în procedura insolvenței
Unele consideraţii privind regimul contractelor în derulare în procedura insolvenței

Summary/Abstract: The legal regime of contracts in progress after the opening of the insolvency proceedings is different from the regime provided by the general provisions of the law, the legislator giving precedence to the economic objective of the contract, which goes beyond the parties’ interests, and resides in saving the enterprise. Hence, the need for regulating special rules for contracts in progress at the time of the opening of the insolvency proceedings all subsumed under the principle of maximizing the debtor's property. The receiver/liquidator is the one entitled to assess the assumption or termination of such contracts, after an assessment of their cost-effectiveness in economic terms and a legal assessment of the effects of their termination.

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