Suchergebnisse

ABSTRACT: The material presents an analysis of the evolution of the insolvency approach at the level of the European Union as a result of the economic-financial crisis from 2009-2013 and beyond. As is well known, the Member States of the European Union have different legal systems, and their harmonization has been and is a desideratum of the management of this entity of public international law, but the practical materialization encounters a series of difficulties. Insolvency is an area of commercial law, and it has undergone a remarkable evolution lately, given on the one hand the evolution of the economy, but also the strong influence of Anglo-Saxon legislation that has proven to be much more effective. In practice. Hardly, but surely, the traditionalist legal systems for which bankruptcy is a punishment, have embraced the idea that a remedial bankruptcy is much more beneficial to the economy and have changed domestic law. At this stage, with similar domestic insolvency laws at Member State level, the European Union's leadership is in a position to adopt uniform and extremely useful rules for its economy. KEYWORDS: insolvency, restructuring, second chance, honest debtor, risk prevention, debt remission

ABSTRACT: This material presents an analysis of the control exercised by the courts over insolvency practitioners for the conduct of insolvency proceedings. Depending on the legal systems and the choice of the legislator, the Member States of the European Union have chosen differently on the way of how the court intervenes in the conduct of insolvency proceedings. Thus, there are opinions according to which the insolvency procedure must be carried out entirely outside the court, but also opinions according to which the court must have a significant control within the insolvency procedure. The Romanian legislator combined the two opinions, totally opposite, establishing that the court, through judges specialized in insolvency, should have legal control over the conduct of insolvency proceedings, and only in cases expressly provided by law, to exercise control over opportunity. KEYWORDS: insolvency, principle, court, control, judicial administrator, judicial liquidator, syndic judge

The insolvency procedure is complex because it combines 3 components, namely: an economic one, a judicial one, and a social one. Consequently, the judge's intervention in this procedure is more limited, compared to the common law civil process. The syndic judge is an actor in the insolvency proceedings, having a role, competence, and attributions expressly provided by law. The role, powers, and importance of the syndic judge in insolvency proceedings, but also insolvency prevention proceedings, involves a changing analysis at the level of the member states of the European Union.

The study regarding the interpretation and application of the provisions of the EC Regulation no. 261/2004 aims to highlight theoretical and practical aspects outlined since the entry into force of this normative act and until now. The European legislator has adopted this normative act, with direct binding force for the member states of the European Union, in order to ensure a protection of passengers who have concluded air transport contracts with different effective air transport operators. In essence, passengers are consumers and air carriers are in a dominant position, as a contracting party, in this type of contract, which is usually one of accession. However, the interpretation and application of this normative act in the different Member States has generated non-unitary practices from the perspective of the terms defined by the Regulation, but also unfair practices in the sense of forming an immoral market in which the right to compensation is traded.