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Effect of Decree no. 195/2020 on case files, and terms specific to the insolvency proceedings


Stan Tirnoveanu and Alexandru Iorgulescu analyze the effects of the state of emergency on insolvency proceedings.

Chapter V related to the Judiciary Area of Annex 1 to Decree no. 195/2020 on the Instituting of the State of Emergency in the Territory of Romania provides a series of “prime emergency” measures of which we would like to mention: prorogation of the start of the running, or, as the case may be, stay of the statutes of limitations and forfeiture terms “of any kind” during the entire term of the state of emergency and the rightful termination, during the state of emergency, of the judgment of civil trials, other than “special emergency cases”.

However, the insolvency procedure provided by Law no. 85/2014 implies not only a judiciary component, but also a certain legal regime applicable to a debtor in insolvency.

To this end, we would like to remind that, after the opening of the insolvency procedure, the powers and duties of a syndic judge include the control of legality of the activity conducted by official receivers/liquidators and the resolution of judicial claims related to the insolvency procedure.

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