5. Motive de nelegalitate pentru anularea hotărârii adunării creditorilor
5. Grounds of unlawfulness for the annulment of the resolution of the creditors’ meeting

Summary/Abstract: The legality review of the resolutions of a body such as the creditors’ meeting in insolvency proceedings does not entail scrutinising the freedom of will of those expressing a certain legal intention, but concerns the conditions under which that will was expressed, namely compliance with the rules laid down by law for this process. The powers of the syndic judge are limited to judicial review of the activity of the judicial administrator and/or liquidator and to actions and applications of a judicial nature related to the insolvency proceedings. Managerial powers belong to the judicial administrator or liquidator, or, by way of exception, to the debtor if they have not been divested of the right to manage the estate, and managerial decisions may be reviewed as to their expediency only by the creditors.

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