Configurarea cadrelor de remitere de datorie şi decăderi în lumina prevederilor directivei privind restructurarea preventivă
Configuration of the discharge of debt and disqualifications frameworks in light of the provisions of directive on preventive restructuring

Summary/Abstract: The objectives established by the Directive in relation to procedures concerning discharge of debt and disqualifications aim at blurring the differences between national laws, by implementing a set of principles meant to harmonize the current regulatory framework. This approach also aims to increase the efficiency of the existing procedures, by adopting measures that make the rescue mechanism of honest entrepreneurs more viable and operational. The Directive requires Member States to establish legal frameworks that give insolvent entrepreneurs the opportunity of having a full discharge of debt within a maximum of 3 years. After the expiry of the period preceding the discharge of the debt, the insolvent entrepreneur may not be subject to a disqualification from taking up or pursuing a trade, business, craft or profession on the sole ground of its insolvency. Granting the benefit of discharge of debt, as well as the cessation of disqualifications, must operate automatically, without the need for intervention of a judicial or administrative authority. Recognizing the importance of preserving particular elements in national laws, the Directive admits the possibility of establishing derogatory provisions from the guiding principles regarding the benefit of discharge of debt and decay, by restricting access and by providing for longer periods for obtaining a full discharge of debt or longer disqualification periods.

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