10. Cesiune de creanţă. Societate aflată în reorganizare judiciară. Încălcarea dispoziţiilor art. 46 din Legea nr. 85/2006. Consecinţe
10. Assignment of receivable. Company under judicial reorganization. Breach of the provisions of art. 46 of the Law no. 85/2006. Consequences

Summary/Abstract: The assumption by a company under judicial reorganization, of certain receivables under a receivables assignment agreement concluded by the special administrator and under the supervision of the judicial administrator is not included in the notion of “current activity”, for the purpose of art. 49 paragraph (1) letter a) of Law no. 85/2006, this legal operation not being included in the assumptions provided in art. 49 of the Law. As a consequence, the receivables assignment agreement concluded as such, is declared null and void, due to the breach of the provisions of art. 46 of the Law no. 85/2006, which required – as a validity condition of this legal operation – the empowerment of the receiver.

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