EIRP Proceedings, Vol 12 (2017)

Leasing Agreement under the Provisions of Current Insolvency Code

Raluca Antoanetta Tomescu


The reason for promulgating the current insolvency law, Law 85/2014, was clearly to create an effective and appropriate legal framework for the collective enforcement of debtors in insolvency in order to ensure the recovery of claims they owed and implicitly to protect the current economic environment by saving viable businesses and eliminating those that have no chance of recovery. The reorientation of legislative policies in the field of insolvency, which also formed the basis of the elaboration of the current law of insolvency, imposed as a main purpose the maximization of the debtor's wealth, permanently aiming at giving the insolvent debtor the chance to recover, thus succeeding in harmonizing the international norms with the national legislation. Through the institutional steps aimed at consolidating the doctrinal and jurisprudential opinions in the field, the status of the leasing agreement under the insolvency procedures was codified, legalizing the fate of the current agreement in progress at the date of opening of the insolvency procedure, as well as the recording of the debts resulting from it following the termination, when the user/lessee enters the insolvency proceedings, the situation of this contract being specifically dealt with by the current Law 85/2014.


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