EIRP Proceedings, Vol 4 (2009)
Procedural Issues on Patrimony Liability in Matters of Insolvency
Abstract
The Law of insolvency procedure expressly provided the acts for which it can be engaged the members' management responsibility of the debtor's liabilities, legal person, reached in insolvency state. However, it established the entitled and the term where the application can be forwarded and the
conditions to be fulfilled for forwarding the patrimonial responsibility. Although the legislator in the succession of texts has first regulated closing the insolvency proceedings and forwarding the liability; such an application may only conducted during insolvency proceedings, and obviously, in legal deadline. In case when the procedure ended, but not have passed such an application, the interested litigant parties have the way the appeal against the sentence which insolvency proceedings closed. If, however, the application
is made in training patrimonial responsibility, following the closure of the procedure, it will be rejected as tardy. To be simulative, the responsibility of management members of the debtor, the legal person or any person that caused the insolvency state by committing one or more acts expressly provided and limited by law, it must fulfil cumulatively the conditions foreseen for civil liability. During the course of the
proceedings the creditors are obliged to pursue compliance with the laws relating to the designation of the creditor and the performance of the incumbent so as to make application to the training period in property liability laws. Regarding the onslaught state, this law pronounced by the court decisions can be challenged by appeal. As the law on insolvency procedure is completed by the Code of Civil Procedure, to the extent of compatibility, the motives for appeal are those set out in art. 304 Code of Civil Procedure. Judicial control is done both on the grounds of appeal raised by the recurrent and ex officio in all aspects, because the pronounced decisions in first instance on this subject, according to the law, can not be challenged by appeal.
conditions to be fulfilled for forwarding the patrimonial responsibility. Although the legislator in the succession of texts has first regulated closing the insolvency proceedings and forwarding the liability; such an application may only conducted during insolvency proceedings, and obviously, in legal deadline. In case when the procedure ended, but not have passed such an application, the interested litigant parties have the way the appeal against the sentence which insolvency proceedings closed. If, however, the application
is made in training patrimonial responsibility, following the closure of the procedure, it will be rejected as tardy. To be simulative, the responsibility of management members of the debtor, the legal person or any person that caused the insolvency state by committing one or more acts expressly provided and limited by law, it must fulfil cumulatively the conditions foreseen for civil liability. During the course of the
proceedings the creditors are obliged to pursue compliance with the laws relating to the designation of the creditor and the performance of the incumbent so as to make application to the training period in property liability laws. Regarding the onslaught state, this law pronounced by the court decisions can be challenged by appeal. As the law on insolvency procedure is completed by the Code of Civil Procedure, to the extent of compatibility, the motives for appeal are those set out in art. 304 Code of Civil Procedure. Judicial control is done both on the grounds of appeal raised by the recurrent and ex officio in all aspects, because the pronounced decisions in first instance on this subject, according to the law, can not be challenged by appeal.
References
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