Aspecte practice privind controlul de legalitate exercitat de judecătorul sindic în procedura insolvenței
PRACTICAL ASPECTS REGARDING THE JUDICIAL REVIEW EXERCISED BY THE BANKRUPTCY JUDGE IN THE INSOLVENCY PROCEDURE

Summary/Abstract: The insolvency proceeding is a judicial procedure which is currently regulated by Law no.85/2006. To conduct this special procedure the legislature has determined that it is applied by the procedure, which is the bankruptcy judge, receiver, liquidator and the courts. Bankruptcy judge is a magistrate - judge designated to fulfil this function by the leadership tribunal. General substantive jurisdiction belongs, in the first instance, in the insolvency, to the courts, and regarding judicial remedies, it belongs to the courts of appeal. Judgment in the matter of insolvency is represented by two levels of jurisdiction that is the court of first instance, which falls within the jurisdiction of the court and of the bankruptcy judge and the judgment in appeal, as the case falls to the court of appeal. Where the court has established a specialized court - a commercial court, the court of first instance jurisdiction in insolvency matters belongs to this specialized court where the bankruptcy judge exercises this function. General territorial jurisdiction in the matter is drawn by the debtor's insolvency as it is registered in the trade register, at the time of the request for opening of insolvency proceedings. The judicial administrator and /or the judicial liquidator are insolvency practitioners, liberal profession being regulated by Government Emergency Ordinance nr.86/2006. The bankruptcy judge’s duties are strictly regulated by the law of insolvency, exercising exclusive control of legality of acts and operations performed by the judicial administrator and/or liquidator or by the other participants in the insolvency procedure such as special administrator of the debtor, creditors entitled to participate in the insolvency proceedings, the creditors of the debtor, debtor's creditors committee, etc .

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