Elements of novelty significant in the field of preventing insolvency and of insolvency regulated by the Law No 85/2014 as compared to the previous law in the matter (the Law No 85/2006) Cover Image
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Elemente de noutate semnificative în domeniul prevenirii insolvenței și al insolvenței reglementate prin Legea nr. 85/2014 în raport cu actul normativ anterior în materie (Legea nr. 85/2006)
Elements of novelty significant in the field of preventing insolvency and of insolvency regulated by the Law No 85/2014 as compared to the previous law in the matter (the Law No 85/2006)

Author(s): Ioan Adam, Nicolaie Adam
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: procedures for preventing insolvency and for insolvency; new regulation (Law No 85/2014); elements of novelty compared to the previous regulation (Law No 85/2006); superiority of the new law.

Summary/Abstract: In this study the authors intend to point out the significant novelties brought in the matter by the Law No 85/2014 on the procedures for preventing insolvency and for insolvency, as compared to the previous regulation (the Law No 85/2006). This being the case, the authors examine the mentioned novelties: (I) as concerns the judgment within the insolvency procedure; (II) with reference to the effects of the insolvency procedure; (III) in the field of reorganization and bankruptcy. Finally, the authors come to the conclusion that the Law No 85/2014 succeeds to cover a series of legislative gaps, to settle some controversial issues in the legal practice and, finally, to provide some equitable solutions where the provisions of the old law (No 85/2006) were rightfully criticized.

  • Issue Year: 2014
  • Issue No: 12
  • Page Range: 114-147
  • Page Count: 34
  • Language: Romanian