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2007 R.R.D.A. 15 (2007)
Procedura Insolventei ca Proces Civil - Partea I

handle is hein.journals/ririinesana2007 and id is 15 raw text is: R. R.D.A. 1 / 2007 Procedura insolventei ca proces civil - Partea 1' - Conf. univ. dr. Gheorghe PIPEREA Facultatea de Drept, Universitatea din Bucuresti Avocat, Baroul Bucuresti Summary: The insolvencyprocedure is a collective procedure introducedby law in order to cover the debts of thedebtor foundin the insolvency, procedure to which all the creditors are called to participate in order to recover their claims. From the collective character of the insolvency procedure, results the ceasing of the individual forced executions of the creditors upon their debtors. From the moment the procedure is opened, the debtor founds his liberty to decide about his own business limited. From this moment, also, the managementof the debtor's activity is taken over, usually, by the judicial administrator. This one is controlled by judge, which is also controlled by the creditors, through creditors' committee. The scope of the insolvency procedure is to cover the debtor's debts. The scope of the judicial reorganization procedure is the regulation of the debtor's activity, the reconstruction of his patrimony and the ensuring of the financial means, necessary to cover the debts, in order to surpass the insolvency. The bankruptcy procedure, which develops mostly by the rules of the simplified procedure, aims at the liquidation of the debtor's assets, in order to cover the debtor's debts. The participants in the insolvency procedure mustn't be confused with the parties in the law suite. As the insolvency procedure evolves, many partial procedures are held before the judge, which are mostly non- disputed procedures. As any non-disputed procedures, these can develop into disputed-ones, through the principal intervention and through the appeal. In this context, the area of the persons which can be parties in the lawsuite, in disputed procedures, is different from the area of the participants in the insolvency procedure, which can be ornotbe impliedin a lawsuite, thus becoming parties. The insolvency lawspecifies which are the participants in the procedure, and also, which are the persons that have procedural rights in the development of the insolvency procedure. This difference has implications regarding the rights and the obligations of the parties impliedin the lawsuite and the rights and the obligations of the participants in the insolvency procedure. I Partea a 1l-a a studiului va fi publicat6 in numrrul urmator al revistei. 15

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