Evoluția doctrinei juridice privind valorificarea masei debitoare în procedura de insolvabilitate: repere istorice și implicații contemporane
The evolution of legal doctrine on the realization of the debtor’s estate in insolvency proceedings: historical landmarks and contemporary implications

Summary/Abstract: This article examines the evolution of legal doctrine concerning the realization of the debtor’s estate in insolvency proceedings, highlighting the conceptual and normative transformations of this institution from its origins to contemporary regulations. The analysis begins with Roman law, where enforcement was primarily directed against the debtor’s person, and follows the transition toward patrimonial execution, as reflected in mechanisms such as venditio bonorum and distractio bonorum. The study further explores the medieval period, characterized by a predominantly punitive approach toward debtors, alongside the early development of collective mechanisms for creditor protection within emerging commercial law. Particular attention is given to modern codifications, especially the French Commercial Code of 1807, which institutionalized bankruptcy as a collective judicial procedure aimed at satisfying creditors’ claims. The paper also reviews subsequent legislative developments at both European and national levels, with a focus on the legal framework of the Republic of Moldova. The findings reveal a shift from a repressive approach toward debtors to a balanced model that seeks to reconcile creditor protection with the possibility of debtor rehabilitation, emphasizing the central role of the debtor’s estate in achieving the objectives of insolvency proceedings.

• Details
• Contents