“Metamorphosis”of the Unpredictability in the Complex Structure of the Insolvency Institution. New Legal Challenges Present in the Interface with Social Responsibility Cover Image
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„Metamorfozarea” impreviziunii în structura complexă a instituţiei insolvenţei. Noi provocări juridice aflate în interferenţă cu responsabilitatea socială
“Metamorphosis”of the Unpredictability in the Complex Structure of the Insolvency Institution. New Legal Challenges Present in the Interface with Social Responsibility

Author(s): Ionel Didea, Diana-Maria Ilie
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: insolvency; over-indebtedness; discharge of debts by transferring the title of the mortgaged immovable property to the lender; social responsibility; contractual balance

Summary/Abstract: Analysing the economic context of recent years, the unpredictability of the dynamics of the business environment, insolvency itself, through the specific rules and exceptions, is a solution found in situations of unpredictability. Moreover, unpredictability has been accepted especially in the context of economic crises, cyclical and seriously perturbing phenomena. These new circumstances brought the debtor in a very difficult economic position that can inevitably lead to bankruptcy, and this potential bankruptcy certainly attracts the application of the unpredictability theory, insofar as it is obvious that we are not talking about a prediction of the event and a hidden interest of the debtor in this respect when the contract is concluded. Consequently, the insolvency prevention procedures, the insolvency procedures and other laws aiming at restructuring debts, represent an extension of the unpredictability theory, of hazard, the legislator devising solutions to restore balance, not only contractually, but also economically, socially, the principles being always breachedby exceptions based on a general interest.

  • Issue Year: 2018
  • Issue No: 4
  • Page Range: 196-204
  • Page Count: 9
  • Language: Romanian