THE IMPACT AND CONTROVERSIES OF THE NEW CIVIL CODE IN THE INSOLVENCY PROCEDURE – THE PATRIMONY SEPARATION
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
The law no. 287/2009 on the New Civil Code brings important changes to the law institutions and their principles, being established and acknowledged both by the judicial doctrine and by the legal practice. Still, the theme of this paper is not addressed to the legislative technique approached by the legislator, but is rather aimed at highlighting the impact, the implications, the changes, the controversies and the difficulties in application, brought by the New Civil Code to the insolvency procedure regulated by the Law no. 85/2006. The law no. 85/2006 on the insolvency procedure, as well as many other regulating laws belonging to the commercial law, have remained in force, as they are not included in the provisions of the Law no. 287/2009 on the New Civil Code, and as such we cannot ignore the changes in the national commercial legislation after the entering into force of the New Civil Code, namely after October 1st 2011. The new regulations, such as the definition of the professional and the enterprise, the deed of trust, the mortgage and the administration of the mortgaged goods, the prescription of debts, the separation of patrimonies, the forfeiture of the term benefit, have an impact upon the enforcement of the procedure of insolvency. Without pretending an exhaustive approach, this study shall reveal a possible interpretation and enforcement of the provisions of the New Civil Code with respect to the procedure of insolvency, being aimed at bringing a plus in the incipient doctrine in this field. Just like in the study regarding the remand agreement called “The prediction and prevention of insolvency Law 85/2006 on the procedure of insolvency” presented and sustained in the 4th edition of the International Scientific Session - Challenges of the Knowledge Society – this paper shall tackle the provisions of the two laws through the eyes of the practitioner, of the professional who enters into direct contact with the court of law and the enforcement of the law, under a double aspect, of the lawyer and the practitioner under insolvency, trying to delimit their practical applicability.
Authors and Affiliations
DANIELA MOGOS
Keywords
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