WHAT IS PERSONAL BANKRUPTCY 
AND HOW IT WORKS Cover Image

Ce înseamnă falimentul personal și cum funcționează acesta
WHAT IS PERSONAL BANKRUPTCY AND HOW IT WORKS

Author(s): Cristian Drăghici
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: bankrupt; individual; insolvency; draft legislation; debtor;

Summary/Abstract: A serious problem nowadays is the real difficulties faced by individuals in performing its obligations , in particular, consisting of loans and debts contracted loans . In this context, a natural question arises : what are the legal levers that can wear out an individual on the verge of financial collapse to fulfill their obligations ? Until now there were three legislative proposals in our country regarding individual bankruptcy . All these proposals were based basically on bankruptcy law , Law no. 85/2006 . Theoretically, as mentioned in the bills mentioned above , the debtor shall appear before the court can declare insolvent , at his request or at the request of creditors. Being insolvent debtor may propose a plan for its debts to creditors will be paid , plan conducted under the supervision of a trustee and periodic control of the court , or is declared bankrupt . The lack of legal protection are actually individuals and not legal ones . While professionals have on hand several media and usually better educated individuals are often put before a contract which , for objective reasons , and out of necessity acute and urgent moment , I signed without the possibility of negotiating its terms. In this case we refer mainly to bank credit agreements . Most European countries have domestic legislation regulated individual bankruptcy . And in our country , bad loans and the monthly payment problems , which were rare things in the "boom " of the credit generated in 2008 when a bill in this regard . Unfortunately, the World Bank and FMI opposition have negatively influenced the enactment of the bill .

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 798-805
  • Page Count: 8
  • Language: Romanian
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