PROCEDURILE PREALABILE PROCESULUI DE INSOLVENŢĂ PREVĂZUTE DE LEGISLAŢIA EUROPEANĂ
THE PRECURSORY PROCEEDING OF THE INSOLVENCY STATUTORY IN THE EUROPEAN LAW

Summary/Abstract: The legislature provides solutions to prevent insolvency proceedings, which have the same purpose, namely to obtain mutually beneficial results for all parties involved in the process. Prior to the onset of insolvency proceedings, the debtor is possible recourse to other procedures that have the same purpose to safeguard the company's insolvency, if there are chances of recovery. Whether we are talking about preventive Concordat (an arrangement with creditors), the procedure involving an agreement between a debtor and creditors, whether we are talking about the mandate ad-hoc or about mediation, all these may represent an alternative for the borrower to enumerate an assisted negotiation, just in order to redress, through a mechanism and a process outside of insolvency proceedings, or a process that is outside the competent court in matters of insolvency.

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