Raţionalitatea practicianului în insolvenţă: relevanţa cercetărilor de behavioral law and economics
The Rationality of the Insolvency Practitioner: The Relevance of Behavioral Law and Economics Research

Summary/Abstract: This article examines how concepts developed within behavioral economics can influence the understanding and evaluation of decisions made by insolvency practitioners, in the context of applying standards of diligence and professional liability. Starting from the critique of the classical model of rationality in economics, the study explores how cognitive and contextual factors affect the decision making process of those acting on behalf of others. In parallel, it analyzes the implications of these findings on the application of the business judgment rule in corporate law and on the standard for assessing the conduct of practitioners in insolvency proceedings. The article argues for a more nuanced and context sensitive approach to analyzing the legality and diligence of decision making, taking into account the cognitive and emotional realities underlying the decision process.

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