Act final în problematica (in)admisibilităţii soluţionării cererii de atragere a răspunderii patrimoniale pentru insolvenţă după închiderea procedurii de insolvenţă
Final act on the issue of the (in)admissibility of the settlement of a claim for insolvency after the closure of insolvency proceedings

Summary/Abstract: The present study is dedicated to one of the legal issues related to patrimonial liability for insolvency, which has been the subject of controversy and non-uniform practice for more than a decade, namely the (in)admissibility of the settlement of the claim for patrimonial liability after the closure of insolvency proceedings. The recent binding case law of the High Court of Cassation and Justice clarifies the issue and, implicitly, aspects related to the international jurisdiction concerning the insolvency liability action, so, in order to configure as correctly as possible both the context and the solutions rendered, we will analyze the recitals of Decision No 14/2022 and Decision No 27/2022 rendered by the High Court of Cassation and Justice in the judgment of the appeals in the interest of the law, as well as the binding case law of the Court of Justice of the European Union.

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