8. Procedura insolvenței. Suspendarea termenului de prescripție. Condiții și efecte
8. The insolvency procedure. Suspension of limitation period. Conditions and effects

Summary/Abstract: According to the provisions of art. 40 of Law no. 85/2006, the opening of the insolvency procedure suspends any limitation periods of the proceedings provided by art. 36 of the same law, as the legislator expressly indicates in art. 36 that all judicial, extra-judicial proceedings or the enforcement measures shall be suspended as of right with respect to satisfying the claims against the debtor or its assets, except the proceedings brought during a criminal trial. The suspension of the limitation period upon opening the insolvency procedure operates only in relation to those creditors holding claims against the debtor undergoing insolvency, but not for those claims against the debtor undergoing insolvency in relation to its debtors, and for this reason the proceedings initiated by the former comply with the general rules of calculating the limitation period provided by the Decree no. 167/1958, as the legislator circumstantiates the types of proceedings for which, at the same time with opening the bankruptcy procedure, the limitation periods shall be interrupted, and the limitation shall continue for the other proceedings, according to the ubi lex non distinguit nec nos distinguere debemus principle.

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