Romanian Bankruptcy Law

Romanian Bankruptcy Law
Author: Samuel Bufford
Publisher:
Total Pages: 16
Release: 2015
Genre:
ISBN:

Romania now has one of the best-drafted bankruptcy laws in Central and Eastern Europe. The new Romanian bankruptcy law went into effect on August 26, 1995 and replaced the previous bankruptcy provisions in §695-987 of the Romanian Commercial Code, which was translated from the Italian Commercial Code of 1884 and enacted in 1887. While the commercial code fell into disuse during the Communist era, it was never repealed. After the Romanian revolution and the demise of Nicolae Ceauşescu at the end of 1989, the commercial code as well as the civil code remained good law and needed only to be reprinted and applied by the Romanian courts. While these laws needed substantial modernization, at least there was a body of law for the Romanian courts to apply while the legislature was preparing modernization legislation. There are two trial level courts in Romania, the Municipal Court and the Tribunal. In general, the larger and more important cases are filed initially in the Tribunal, and the smaller cases begin in the Municipal Court. All bankruptcy cases begin in the Tribunals. With few exceptions, the Tribunal judges begin their judicial careers in the Municipal Courts and move up after they gain a measure of experience. With these general observations in mind, this article addresses the specific questions raised in the hypothetical posed for this symposium.

European Insolvency Law

European Insolvency Law
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 505
Release: 2017-01-27
Genre: Law
ISBN: 1786433311

Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.

A Guide to Consumer Insolvency Proceedings in Europe

A Guide to Consumer Insolvency Proceedings in Europe
Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
Total Pages: 1266
Release: 2019
Genre: Law
ISBN: 1788975650

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

Comparative Analysis of Voidable Transfers Under the US, Czech and Romanian Bankruptcy Law

Comparative Analysis of Voidable Transfers Under the US, Czech and Romanian Bankruptcy Law
Author: Petr Sprinz
Publisher:
Total Pages: 18
Release: 2017
Genre:
ISBN:

The paper deals with voidable transfers under the US, Czech and Romanian Law. By using the American Law as a benchmark the paper focuses on the powers of the bankruptcy trustee under federal and state law, the functional importance of such powers and the policies supporting them. It then analyses in detail the respective provisions of the Czech and Romanian law referring both to the doctrine and the relevant case law. In the concluding part, the article identifies main similarities and differences between the three jurisdictions and the aspects which might be reconsidered based on the American model.

Romania's Evolving Legal Framework for Private Sector Development

Romania's Evolving Legal Framework for Private Sector Development
Author: Cheryl Williamson Gray
Publisher:
Total Pages: 40
Release: 1992
Genre: Commercial law
ISBN:

Romania started almost from scratch in 1990 to build a legal framework for a market economy and has made substantial progress. To bring that framework to life, institutions must enforce the laws and be able to resolve any disputes that arise, the public must accept that the laws are binding, and the laws must be filled in with detailed regulations and individual case practice. This takes time.

Commercial and Economic Law of Romania

Commercial and Economic Law of Romania
Author: Catalin Gabriel Stanescu
Publisher:
Total Pages:
Release: 2017
Genre:
ISBN:

The writing of this monograph coincided with the introduction of the new Civil Code and the new Code of Civil Procedure, which meant the modernization and unification of private law in Romania, but also serious and numerous changes in the field of commercial law. The monograph familiarizes the reader with the peculiarities of the country, with the above mentioned changes but also with important topics such as: bankruptcy, capital market, intellectual property, competition rules or consumer protection.Also, taking into consideration that there are no available translations of the normative acts and the doctrine is rather scarce in English language, the monograph is a useful tool to those interested in researching Romanian commercial and economic law but hindered by the language barrier and the lack of sources.