Aspecte procedurale în concordatul preventiv – Cadrul procesual specific configurat în faţa primei instanţe învestite cu cererea debitorului vizând deschiderea procedurii concordatului preventiv
Procedural aspects in the arrangement with creditors – The specific procedural framework before the first court hearing the debtor's application for opening the procedure of arrangement with creditors

Summary/Abstract: The legislative novelties generated by the transposition into national law of Directive (EU) 2019/1023) of the European Parliament and of the Council of June 20, 2019, through Law no. 216/2022 for the amendment and completion of Law no. 85/2014, have generated the introduction of substantial changes in the procedure of composition with creditors, if we refer to the provisions governing this procedure in the initial version of Law no. 85/2014. In the context of the new amendments to Law no. 85/2014, generated by the transposition of Directive (EU) 2019/1023) of the European Parliament and the non existence of a specific procedural arrangements allowing third party creditors to participate, on a voluntary basis, in the settlement of the non contentious application by which the debtor submits to the court the application for opening the procedure of arrangement with creditors, judicial practice has generated the most varied solutions.

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