Controversial aspects regarding the application of the provisions art. 75 and art. 262 of Law no. 85/2014 Cover Image
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Aspecte controversate privind aplicarea dispoziţiilor art. 75 şi art. 262 din Legea nr. 85/2014
Controversial aspects regarding the application of the provisions art. 75 and art. 262 of Law no. 85/2014

Author(s): Nicoleta Ţăndăreanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the susspension the judicial actions and extrajudicial actions; the suspension the individual forced executions; automatic stay effect in insolvency procedure; registration of the claims in the debtor

Summary/Abstract: The present paper aim to address the effect of automatic stay în insolvency procedure, both from the perspective of the general dispositions, and the perspective of the special dispositions applicable in assurance/ reassurance companies bankruptcy. The effect concerns both the susspension of the individual forced executions and the suspension of the judicial actions and extrajudicial actions against the debtor, wich have as object the claims against the debtor, actions that were pending before the courts when the insolvency proceedings were opened. The artice also addresses the effects of these suspensions in aspect of registration of the claims in the debtor`s claims table.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 86-123
  • Page Count: 38
  • Language: Romanian
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