14. Denunțarea unilaterală a contractelor în procedura insolvenței: acțiunea în despăgubiri
14. Unilateral Termination of Contracts in Insolvency Proceedings: The Action for Damages

Summary/Abstract: The opening of insolvency proceedings triggers the application of a specific set of rules that inevitably affect the debtor's contractual arrangements, which are not completed at the time the proceedings are initiated. Regarding the ongoing contracts, the specific insolvency rules provide for two main options available to the insolvency practitioner: to maintain or to unilaterally terminate the contract. In the latter case, the counterparty affected by the unilateral termination of the contract is entitled to compensation, a possibility that has given rise to considerable debate in the field, particularly with regard to the legal regime applicable to such compensation and the extent of the damage that can be compensated. The decision analysed in this paper shows how the courts have chosen to apply the rules in this matter and remains relevant in the context of the unchanged special insolvency regulations regarding the compensation claim available to the counterparty.

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