Obligativitatea hotărârilor pronunțate în apel pentru judecătorul-sindic. Confirmarea administratorului judiciar. Studiu de caz

In this case study, the authors analyze a less common situation in the judicial practice, namely the one of the confirmation of the judicial administrator, in so far as the judicial control court admits the appeal of the creditor that had requested by means of an application for summons the appointm...

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Published inDreptul (București) no. 5; pp. 131 - 134
Main Authors Sarău, Dragoș Cosmin, Enache, Raluca, Popoviciu, Gabriela
Format Journal Article
LanguageRomanian
Published Union of Jurists of Romania 2016
Uniunea Juriștilor din România
Subjects
Law, Constitution, Jurisprudence
insolvency
judicial control
judicial administrator
confirmation
syndicjudge
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Summary:In this case study, the authors analyze a less common situation in the judicial practice, namely the one of the confirmation of the judicial administrator, in so far as the judicial control court admits the appeal of the creditor that had requested by means of an application for summons the appointment of another insolvency practitioner. The institution of judicial control finds its legal basis in Article 129 of the Basic Law, according to which against the judgments, the parties concerned and the Public Ministry may exercise the legal remedies, under the terms of the law. The provisions of Article 501 of the new Civil Procedure Code give efficiency to the above-indicated constitutional text, given that, without the binding nature of the judgments pronounced by the judicial control court, the purpose of control and, finally, the well-grounded and legal settlement of the cases would not be achieved.
ISSN:1018-0435