 The compatibility of Law’s no.85/2006 dispositions with the ones of the Civil Procedural Code regarding the insolvency procedureZaharia Alexandrina ()
EuroEconomica, 2010, issue 26, 71-76 Abstract: This analysis of the compatibility between the dispositions of the two regulations is motivated by the necessity of knowing in what extent, within the insolvency procedure, can the application of the dispositions in the Civil Procedural Code be used. In this context, article 149 in Law no.85/2006 expressly specifies that its dispositions are completed by the ones in the Civil Procedural Code, inasmuch as the compatibility allows it. The insolvency procedure law is a special law and because of that the civil procedure norms it comprises take precedence before the common law norms. But, in case the special law does not cover all the situations that might occur during the procedure, the instances, depending on the case, apply the provisions of the Civil Procedural Code, inasmuch as they are compatible. We have to mention the fact that the two regulations aim at recovering the claims from the debtor. The law regarding the insolvency procedure has regulated the procedure of patrimonial liability and the execution of such a decision is made by the judicial executor, according to the Civil Procedural Code. Keywords: insolvency procedure; creditor; collective procedure; procedural incidents; patrimonial liability; forced execution (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:dug:journl:y:2010:i:26:p:71-76 Access Statistics for this article More articles in EuroEconomica from Danubius University of Galati Contact information at EDIRC. |
Is your work missing from RePEc? Here is how to contribute.
Questions or problems? Check the EconPapers FAQ or send mail to .
EconPapers is hosted by the
School of Business at Örebro University.