Reglementarea actuală a dreptului de administrare al debitorului în procedura insolvenţei
Current regulation of the debtor's right of administration in the insolvency proceedings

Summary/Abstract: The debtor’s right of administration, consisting of the right to perform his activity, to manage his property and to dispose of it, is exercised through the agency of a special administrator, under the direct supervision of an insolvency administrator, during the observation procedure or reorganization period. Initiating the bankruptcy procedure has the direct effect of cancelling the debtor’s right of administration. The bankruptcy judge may decide, by the very decision of starting the insolvency procedure, the total or partial cancellation of the debtor’s right of administration. As a sanction, the cancellation of the administration right may occur at the request of creditors, of the creditors’ board or of the insolvency administrator, the bankruptcy judge also having the power to dispose it ex officio. The violation of the interdiction regarding the activity performed by the debtor whose right of administration was cancelled, leads to the application of the sanction of absolute nullity of acts, operations or payments concluded under such circumstances, the special administrator or insolvency administrator or official receiver being legally responsible.

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