The liability in the case of insolvency proceedings – practical-applicative aspects
The liability in the case of insolvency proceedings – practical-applicative aspects

Summary/Abstract: The provisions of the Romanian Insolvency Law seek to attract civil liability of people involved in the debtor's management. This liability differs according to the source of the breached obligation and the legal relationship between the debtor and the person with the vocation to the liability regulated by article 169 of Law no 85/2014. In this regard, the liability may be tortuous, as in most cases, or contractual. For this special liability to intervene, under the provisions of art. 169 of Law no. 85/2014, is required the fulfillment of the following conditions: a) the existence of a prejudice to creditors; b) the deed falls within the cases provided for by law; iii) the existence of a causal relationship between the act and the insolvency of the debtor; iv) the fault of the person whose responsibility is exercised. The purpose of this article is to analyze the provisions of Law no. 85/2014 which outlines the parameters according to which it can activate the liability of single-person or collegial bodies vested with management and supervision of a company experiencing difficulties. Among these, the person who exercise their management duties in a fraudulent manner (wrongful trading) or those who, through the committed acts, abused the distinct legal personality of the company and the benefit of the limitation of liability (piercing the corporate veil) can be called to answer. In conclusion, it is observed that the conditions of the civil liability of the administrators towards the company in bonis are, in the case of the insolvency procedure, replaced by other conditions, the stake being not only a new appearance of the liability, but also a change of it for the better.

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