A BRIEF ANALYSIS OF THE PROCEDURAL PARTICULARITIES APPLICABLE IN THE LITIGATION HAVING AS ITS OBJECT THE ADJUDICATION OF THE APPLICATION TO OPEN INSOLVENCY PROCEEDINGS AT THE CREDITOR'S REQUEST – WRITTEN STAGE (I)
A BRIEF ANALYSIS OF THE PROCEDURAL PARTICULARITIES APPLICABLE IN THE LITIGATION HAVING AS ITS OBJECT THE ADJUDICATION OF THE APPLICATION TO OPEN INSOLVENCY PROCEEDINGS AT THE CREDITOR'S REQUEST – WRITTEN STAGE (I)

Summary/Abstract: Preventing or overcoming the risk of non-payment involves accessing effective legal remedies. Such a remedy is the opening of insolvency proceedings for the bad-paying debtor, which can be accessed, among other things, as a result of the formulation of a request by the creditor of the unfulfilled payment obligation. The written stage of the judgment of the creditor's request having as its object the opening of insolvency proceedings for the debtor presents a series of procedural particularities regarding the content of the request, its communication, the debtor's obligation to file a statement of defense and to file a complaint, as well as regarding the summoning of the parties. This study aims to analyze these particularities, especially their practical consequences, an exegetical approach that will be guided by the reason and spirit of the new regulations on insolvency.

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