OBLIGAŢIILE DE MEDIU ÎN FALIMENT
ENVIRONMENTAL LIABILITIES IN BANKRUPTCY PROCEEDINGS
Author(s): Adrian Ştefan ClopotariSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: environmental obligations; insolvency; Law no. 85/2014; bankruptcy priority; GEO no. 195/2005; GEO no. 68/2007; environmental damage; propter rem obligations; climatic changes; claims payment
Summary/Abstract: The treatment of environmental claims in insolvency proceedings raises many problems in practice, but it is a subject uncovered by doctrine. Besides, environmental obligations are not even regulated in Law no. 85/2014. The costs of environmental recovery in the natural state often exceed the sums of money earned from the use of the debtor's assets. I made a short review of the main environmental regulations and their conflict with Law no. 85/2014. The questions I have been concerned about were: why environmental obligations are not met and what are the consequences of this state of affairs?
Journal: Revista de Insolvenţă Phoenix
- Issue Year: 64/2018
- Issue No: 2
- Page Range: 5-12
- Page Count: 8
- Language: Romanian