Punct de vedere asupra domeniului de aplicare a prevederilor art. 36 din Legea nr. 85/2006, în ceea ce priveşte „acţiunile judiciare în realizarea unei creanţe”
Point of view on the scope of the provisions of art. 36 of the Law no. 85/2006, as regards "court actions in making a claim"

Summary/Abstract: The measure of suspensio of ant legal actions taken against a bankrupted debtor is applied under the provisions of art. 36 of the Act 85/2006, de jure, from the opening date of the insolvency procedure. The main reason of this measure is to enforce the collective character of the insolvency proceedings. The present study proposes to configure the scope of art. 36 of the Act 85/2006, trying to explain why the proceedings of creditor applications seeking to obtain an enforceable against the debtor (processes for recognition of a claim) must be exempted from the scope of these judicial actions, as opposed to actions that allow effective implementation of claims already recognised through an enforceable title.

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