Implementarea consolidării substanţiale în cadrul procedurii insolvenţei în dreptul român
Implementation of the substantial consolidation in the insolvency proceedings in the Romanian law

Summary/Abstract: The group of companies challenges the traditional concept of legal entity, and in insolvency law the group has been approached through the use of two alternative systems, namely the system of procedural consolidation or the system of substantial consolidation. By the entry into force of Law no. 85/2014, the Romanian legislator chose to implement the system of procedural consolidation of the insolvency proceedings of the members of the group of companies. However, we believe that in exceptional cases where the distinct legal personality of some members of the group has been used in order to conceal fraud, abuse of rights or infringement of public order, national courts will be able to implement the substantial consolidation of the members of the group of companies by declaring the inapplicability of the distinct and fictitious legal personality of the members of the group. In this article we will also analyze how this process of substantial consolidation can be implemented.

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