Limitele legislative ale confirmării şi executării planului de reorganizare. Aspecte practice
Legal Confines Regarding the Confirmation and Implementation of the Reorganization Plan. Practical Issues

Summary/Abstract: This analysis is intended to offer a critical overview of the regulations in force applicable to insolvency and, therefore, identify those legal confines which prevent, de lege lata, the use of the judicial reorganization mechanisms to their full potential. Assuming that every viable company undergoing insolvency must be given a real chance of recovery, any efforts to advance the regulations governing reorganization meant to achieve this goal must be encouraged. The analysis below shall address the advantages offered by the law in force as well as, and in particular, the downsides thereof, in an attempt at shaping general suggestions of de lege ferenda, which may be included in a now long due reform in the insolvency related laws.

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