19. Procedura insolvenţei. Existenţa conflictului de interese, ca motiv al anulării hotărârii şi respectiv, al greşitei aprecieri a majorităţii votului. Condiţii
19. Insolvency procedure. The existence of the conflict of interests, as a reason for annulling the decision and, respectively, for the wrong assessment of the majority of the vote. Conditions

Summary/Abstract: The existence of the conflict of interests, as a reason for annulling the decision and for the wrong assessment of the majority of the vote, is not presumed. Possible actions for annulment, still uncertain as to accomplishment, will be filed only in the interest of the creditors, and not in the personal interest of one of the creditors, as long as it is intended to analyze some acts, operations who were allegedly performed against the applicable legal provisions and the interest of the debtor, after the date of opening the insolvency procedure. Active procedural legitimacy is given mainly by the legislator, to the insolvency practitioner, but this can be exercised, under the law, by the creditors 'meeting, through the chairman of the creditors' committee or another creditor appointed by him, or at the request of the creditor holding 50% of the value of receivables entered in the list of receivables.

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