CONCEPTE ANTAGONICE ÎN INSOLVENȚĂ – CONTUL UNIC ŞI EXECUTAREA SILITĂ INDIVIDUALĂ
ANTAGONISTIC CONCEPTS IN INSOLVENCY – THE SINGLE ACCOUNT AND INDIVIDUAL FORECLOSURE

Summary/Abstract: The single account is a legal provision included in the Insolvency Law and there can be multiple codes used to symbolize the amounts registered in the single account, depending on the types of currencies used or certain interests of the debtor, established by the need to preserve and maximize the wealth. The monies included in the single account cannot be seized, according to article 163 paragraph (3) of Law No. 85/2014, the reason being the unique character of the general guarantee and the rules for distribution during the insolvency procedure. The court able to rule on challenges against the seizure of the single account is the syndic judge, as the challenge claims the seizure disregards the legal provisions on insolvency, and good justice is carried out through observing the specialization of the court, as confirmed by the principle stated in Decision RIL no. 17/2018 of the High Court of Justice, respectively the precedents established in the European Court of Justice. The legal provisions for the mandate of the syndic judge can be found in art. 45 paragraph (1) lit. r) of Law no. 85/2014. In principle, there can be a reasonable discussion on the unconstitutionality of article I section 14 of Government emergency Ordinance no. 88/2018, which amends the final thesis of art. 143 of Law no. 85/2014, to the extent to which one can erroneously interpret the provision in the sense that, even though monies in the single.

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