Does the state of emergency suspend the entire insolvency procedure or just the trial? How the state of emergency impacted the main terms regulated by the insolvency law Cover Image

Starea de urgență suspendă procedura insolvenței sau doar judecata? Impactul instituirii stării de urgență asupra celor mai importante termene prevăzute de Legea Insolvenței
Does the state of emergency suspend the entire insolvency procedure or just the trial? How the state of emergency impacted the main terms regulated by the insolvency law

Author(s): Stan Tîrnoveanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: insolvency law; insolvency procedure, state of emergency; Decree no. 195/2020; Decree no. 240/2020; suspending the insolvency procedure; syndic judge control; terms;

Summary/Abstract: The state of emergency initiated through Presidential Decree no. 195/2020, extended through Presidential Decree no. 240/2020, has raised a series of challenges in interpreting how insolvency procedures were impacted by the measure to suspend civil trials in courts, The insolvency procedure, per se, is not suspended. The measures refered solely to activity in court. The procedure to suspend the effects of initiating insolvency benefits from an express route regulated in Law no. 85/2014. The state of emergency has also had an effect on the terms regulated by Law no. 85/2014, in the sense that the statute of limitations is suspended. Basically, the legal terms for the fulfilment of obligations held by the insolvency practitioners were, for the most part, not suspended, since they are not included in the categories regulated by statutes of limitation.

  • Issue Year: 71/2020
  • Issue No: 1
  • Page Range: 46-54
  • Page Count: 9
  • Language: Romanian