REPLACING THE CULPABLE INSOLVENCY PRACTITIONER ACCORDING TO LAW NO. 85/2014 (ROMANIAN CODE OF INSOLVENCY)
DOI:
https://doi.org/10.18662/eljpa/2015.0203.06Keywords:
Insolvency, replacement of judicial administrator / liquidator / insolvency practitioner, syndic judgeAbstract
By adopting in June 2014 Law no.85 /2014 on procedures destined to prevent insolvency and of insolvency (Insolvency Code) they tried to remedy the shortcomings of the old regulations - Law no.85 / 2006 on insolvency. One of the controversial issues in doctrine but especially in the practice of courts targeted the replacement of the judicial administrator or of the liquidator. In this study we shall try to find out to what extent the desire pursued by the legislature was reached, indicating that our approach will address only the situation of replacement of the just insolvency practitioner due to his/her fault.
Dumitu-Nica, M., Ignatescu, C. (2015). Replacing the Culpable Insolvency Practitioner According to Law No. 85/2014 (Romanian Code of Insolvency). European Journal of Law and Public Administration, Year2015, Volume 2, Issue 3, pp. 63-76. DOI: https://doi.org/10.18662/eljpa/2015.0203.06
References
Law no.85 / 2006 on insolvency published in the Official Gazette of Romania, Part I, 359 of April 21, 2006 repealed on June 28, 2014 with the entry into force of Law no. 85/2014 on the procedures of insolvency prevention and insolvency.
Civil Decision no. 490/2008 of Cluj Court of Appeal cited in M. Sararescu, Appointment, confirmation and replacement of the Syndic judge in Phoenix magazine no. 47, March 2014, p.14
Court of Appeal Cluj, decision no. 1727 / November 27, 2007, quoted in M. Sararescu, op. cit., p. 14.
Government Emergency Ordinance no. 86/2006 on the organization of insolvency practitioners activity published in the Official Gazette of Romania, Part I, no. 944 dated November 22, 2006, republished in the Official Gazette of Romania, Part I, no. 724 of October 13, 2011
Decision no. 4 / 09.19.2014 issued in case no. 4/2014 of Local Discipline Court Suceava of UNPIR.
Authentication no. 1 / 08.29.2014 issued in case no. 4/2014 of Local Discipline Court Suceava of UNPIR.
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