Dileme privind întinderea despăgubirii cuvenite contractantului în cazul denunțării unui contract în derulare de către administratorul judiciar
Dilemmas regarding the extent of the compensation due to the contractor in case of dismissal of an ongoing contract by the judicial administrator

Summary/Abstract: In the context of the insolvency procedure, any termination of an ongoing contract orchestrated by the judicial administrator absolves the debtor of any fault. Consequently, the entitlement to compensation bestowed upon the contractor, as delineated in Article 123, paragraph (4) of Law 85/2014, originates from a sanctioned legal act. This is the premise upon which we argue that the situation does not warrant reparations stemming from civil liability, but rather necessitates a just compensation for the contractor due to the premature cessation of contractual relations with the insolvent debtor. The exclusion of common law liability principles complicates the task of the syndic judge in determining the appropriate compensation. This article seeks to offer guidance for establishing a compensation structure that aligns with the objectives of the bankruptcy and collective insolvency procedures, ensuring a fair resolution for all parties involved.

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