Conflictul dintre principiul libertăţii contractuale şi principiul continuării forţate a contractelor în procedura insolvenţei
The conflict between the principle of contractual freedom and the principle of forced continuation of insolvency proceedings

Summary/Abstract: The Law on Collective Procedure places limits or even succeeds in eliminating the effectiveness of the individual will in favor of the debtor's interest, by the generalization of the principle of continuation of contracts in progress, thus conferring on the practitioner in collective means necessary for the recovery of society. The usual manifestations of freedom of contract are not reconcilable with the law of collective procedure, which makes the contract a remedy that must go beyond the limits of the will of the parties. By breach of the principle of freedom of contract, the law on collective procedure sanctions with nullity the contractual clauses which aim at the cancellation of the contracts due to the initiation of the collective procedure and limits the impact of the intuitive character. personae. The protection of the interests of the insolvent contractor creates an imbalance in the contractual relationship, to the detriment of the unspent contractor.

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