Desemnarea, înlocuirea şi sancţionarea administratorului judiciar şi a lichidatorului judiciar
Appointment, replacement and sanctioning of the judicial receiver and trustee in bankruptcy

Summary/Abstract: The purpose of clarifying the role of the official receiver/trustee in bankruptcy, which is dealt with differently in case law and literature, should not be purely theoretical; of course, the legislator establishes the duties of the official receiver/trustee in bankruptcy and, in particular, the relations he has with each of the participants in the proceedings. The procedure for appointing the official receiver/trustee in bankruptcy is also relevant in determining the configuration of this body in the insolvency proceedings, bearing in mind that, depending on the attitude of the creditors towards the insolvency practitioner appointed by the syndic judge on a provisional basis, the appointment procedure will remain exclusively judicial or will reflect the joint will of the creditors. We believe, however, that the exact determination of the configuration of the official receiver/trustee in bankruptcy also explains the legislator's reasoning when establishing the method of appointment/confirmation of the receiver/trustee in bankruptcy and influences the (extensive or restrictive) interpretation of the rules applicable to the method of replacing insolvency practitioners, as well as the possibility of challenging them, and the conditions for formulating a request for the replacement of the official receiver/trustee in bankruptcy, following the finalisation of his/her mandate, both in terms of the persons who may request it and the reasons for which they may be requested. Although the texts of the law applicable to the legal institutions mentioned in the title of this paper are not numerous and can be considered clear, we note that doctrinal and jurisprudential interpretations differ when it comes to their concrete application.

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