Directiva privind restructurarea și insolvența. Între așteptări, dezbateri și previziuni
Restructuring and insolvency directive. Between expectations, debates and forecasts

Summary/Abstract: The Directive on restructuring and insolvency is a bill of European law intended to change the perspective in terms of management of financial distress and to give a real chance to restructuring. Whereas it promotes innovative ideas, structural thinking and concepts meant to actually boost to business recovery the Directive is a challenge for the Member States and shall take a two year timeframe to be implemented across EU, with some exceptions. A thorough perusal of the Directive reveals some hindrances in the attempt at reconciling some instruments specific to the matters of restructuring and insolvency. On the other hand, a summary comparison with the domestic laws reveals the existence of some institutions which shall undergo legislative changes. Starting from the European realities, the Directive is definitely an evolution in terms of the mechanisms for the recovery of businesses facing financial distress, in that it proposes early, pre-insolvency precautions to be implemented for the business, employees, operating assets, on-going contracts etc.

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