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- Title
Categoriile de debitori cărora nu li se permite accesul la procedurile prevăzute în Legea nr. 151/2015.
- Authors
DETEŞAN, Daniela
- Abstract
Law no. 151/2015 aims to protect only the vast majority of debtors -- honest, but unlucky -- which, placed under its protection, can get benefits -- and share considerable benefits to creditors and society -- consisting of their reintegration into the economic and social life. Therefore, the regulations about debtors' behaviour, upon the entry, during and after the procedure, will isolate and exclude the debtors who expose themselves to excessively risky lending transactions. In addition, in order to prevent situations in which the debtors who do not deserve it, could improperly benefit from the advantages of the insolvency system by avoiding obligations through fraudulent means, Law no. 151/2015 establishes in art. 4 para. 3 and 4 a block of eight real pleas of inadmissibility, punitive to the potential wrong financial behaviour of debtors before having submitted the application. Based on the plea, these debtors are excluded from the applicability of the law. This article examines the pleas of inadmissibility provided by Law no. 151/2015 and cast a comparative glance at similar or identical provisions from other legal systems -- Great Britain, France, Germany and the Netherlands, finding that the analyzed Romanian law measures are not unique, nor very dissimilar.
- Publication
Revista Română de Drept al Afacerilor, 2015, Issue 7, p25
- ISSN
1583-493X
- Publication type
Article