SPECIAL RULES REGARDING THE TRANSMISSION OF THE PROCEDURAL QUALITY IN THE INSOLVENCY PROCEDURE OF NATURAL PERSONS. THE DEATH OF THE DEBTOR Cover Image

SPECIAL RULES REGARDING THE TRANSMISSION OF THE PROCEDURAL QUALITY IN THE INSOLVENCY PROCEDURE OF NATURAL PERSONS. THE DEATH OF THE DEBTOR
SPECIAL RULES REGARDING THE TRANSMISSION OF THE PROCEDURAL QUALITY IN THE INSOLVENCY PROCEDURE OF NATURAL PERSONS. THE DEATH OF THE DEBTOR

Author(s): Carmen Pălăcean
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: insolvency; debtor; natural person; insolvency procedure based on debt repayment plan; insolvency procedure by liquidation of assets; simplified insolvency procedure; legal capacity;

Summary/Abstract: Law no. 151/2015, provides a legislative framework for the debtor a natural person in good faith, who may request the opening of one of the three forms of procedure regulated by law. Although opinions have been expressed in the doctrine in the sense of a rudimentary regulation, or in some cases, even absent, the law brings a series of benefits to individuals facing financial problems, and the main benefit brought by law after completing certain stages is the possibility granted to the debtor to request the release of residual debts, under the conditions established by the normative act. The cessation of the capacity of use of the natural person takes place at his death, which can be physically ascertained or declared in court, according to the relevant legal provisions. The quality of debtor in the insolvency procedure can be transmitted, as a result of the debtor's death, according to some special rules, provided by Law no. 151/2015.

  • Issue Year: 2021
  • Issue No: IX
  • Page Range: 139-150
  • Page Count: 12
  • Language: English