Technical and legal aspects regarding suspension and termination of legal proceedings, and extrajudicial enforcement measures in the light of art. 75 of Law no. 85/2014 Cover Image
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Aspecte tehnico-juridice privind suspendarea şi încetarea acţiunilor judiciare, extrajudiciare şi a măsurilor de executare silită în lumina art. 75 din Legea nr. 85/2014
Technical and legal aspects regarding suspension and termination of legal proceedings, and extrajudicial enforcement measures in the light of art. 75 of Law no. 85/2014

Author(s): Codruț Nicolae Savu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: legal proceedings; insolvency proceedings; foreclosure; debt recovery

Summary/Abstract: The provisions of art. 75 of Law no. 85/2014 regulates a very important effect of the opening of insolvency proceedings and, unlike art. 36 of the repealed Law no. 85/2006, the legislature introduces the concept of "termination" of the legal proceedings / extrajudiare and enforcement measures, novelty requires special consideration in terms of the legal effects of the solutions generated and the ordinary courts can pronounce. Do not be neglected exceptions to the suspension, the sense in which we drew attention to para. (3) art. 75 which I appreciated that does not create an exception, as intended by the legislature, but rather governs the current procedure of debt recovery, "topography" of this procedure is uninspired chosen by legislators in the art. 75 if we refer to the technical development of normative acts that establishes the principle of systematization of ideas in the text.

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 187-192
  • Page Count: 6
  • Language: Romanian