Măsura şi specificul derogărilor legislaţiei insolvenţei de la dreptul comun al contractelor: denunţarea contractelor în derulare
Extent and specifics of insolvency law derogations from ordinary contract law: termination of ongoing contracts

Summary/Abstract: Given its dynamics over the last few years, the insolvency has already lived up to its qualification – initially quite fresh and interesting – as the „law of collective interests”, that is to say, the law that offers protection to collective interests, sometimes to the detriment of the individual ones, which gives us an idea about the substance and extent to which the insolvency law departs from the common law. Although it uses an expression related to a legal notion sanctioned by the common material law, the termination of contracts in insolvency largely departs from that notion, precisely with the justified purpose of optimizing a collective protection by fulfilling an economic function. Hence, the practical difficulties one can be facing, spanning from the legal subject matter of the oppositions that may be filed, the activation or not of the termination clause through to the complicated issue of the contents and limits of indemnities that may be granted to the contracting parties. This report attempts at leveraging the solutions shaped by the case law over time, which introduced significant landmarks in the specific legal construct, which is the termination in insolvency, as well as some good practice elements, precisely to outline fair solutions, likely to repair the manner in which insolvency seems to continuously reshape traditional civil law notions.

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