ANALIZA UNOR CRITERII DE STABILIRE A COMPATIBILITĂŢII DINTRE INSOLVENŢĂ ŞI PROCEDURA CIVILĂ (PARTEA I)
ANALYSIS OF CRITERIA USED IN DETERMINING THE COMPATIBILITY BETWEEN INSOLVENCY AND CIVIL PROCEDURE (PART I)

Summary/Abstract: The issue of compatibility between insolvency proceedings and common law generates many of the most complex legal issues. The specific nature of the rules governing insolvency matters sometimes comes in accordance with the rules of civil procedure or, as the case may be, with other regulations, in which case, the interpreter faces the issue of "testing" the compatibility. Applying an external rule to insolvency proceedings, assuming that this rule would be likely to affect the rationale or balance of insolvency mechanisms, creates major difficulties in practice. Equally, not applying a legal rule should the insolvency procedure acquire more efficiency and fluency is again a real challenge. The attempt to identify a few compatibility criteria lies in the realm of balance, by the construction of some benchmarks based on fundamental principles and principles of interference with the law.

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