Mission (almost) impossible: the conclusion of agreements during the insolvency procedure Cover Image
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Misiune (aproape) imposibilă: perfectarea contractelor în vreme de insolvență
Mission (almost) impossible: the conclusion of agreements during the insolvency procedure

Author(s): Alexandru Rățoi-Pârvu
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: C.H. Beck Publishing House - Romania
Keywords: agreement; negotiation; conclusion; legal representation; insolvency; debtor; stigma; changes;

Summary/Abstract: The settlement of any agreement during insolvency procedure is a complicated approach because of the difficulties related to the numerous exceptions provided by the Insolvency Law - Law no. 85/2014. Insolvency brings heavy times because it limits the debtor's legal capacity, stigmatizes the debtor by publishing his state of insolvency, brings significant changes in the debtor's life from the point of view of his representation through the simultaneous involvement of several organs (the special administrator, the judicial administrator, the creditors' committee, the syndic judge). The conclusion of any agreement during insolvency appears to be extremely complicated precisely from the point of view of the multiple entities involved.

  • Issue Year: 2018
  • Issue No: 12
  • Page Range: 690-694
  • Page Count: 5
  • Language: Romanian