Corelarea măsurii preventive a interzicerii unor operaţiuni patrimoniale cu regimul persoanei juridice aflate în procedura insolvenţei
The correlation between the preventive measure of prohibiting patrimonial transactions and the regime of a legal entity in a state of insolvency

Summary/Abstract: Both the criminal procedure and the insolvency procedure constitute two procedural frameworks that, in appearance, do not intertwine. However, can there be matters whose provisions do not combine even in the farthest corners and whose provisions enjoy a total and implacable interdependence, under Romanian Law? Regarding the criminal proceedings and the insolvency procedure, at least, these two not only presuppose, in their content, antagonistic regulations of the same situations, but they also create the premises for a real competition of legal strength between the judge of a criminal case and that of an insolvency and companies court judge. In any procedural framework, the court plays the role of the highest of authorities. What happens if, when, through the combination of two such frameworks, their participants will be faced with enforcing judgments which are mutually antithetic. This paper proposes treating the legal differences in both matters and, at the same time, presents solutions regarding examining legal provisions against the others.

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