ASPECTE REFERITOARE LA JUDECAREA CERERII DE ATRAGERE A RÃSPUNDERII MEMBRILOR ORGANELOR DE CONDUCERE ÎNTEMEIATÃ PE ART. 138 DIN LEGEA NR. 85/2006 PRIVIND PROCEDURA INSOLVENȚEI, ULTERIOR ÎNCHIDERII PROCEDURII INSOLVENȚEI

Law no. 85/2006 on the insolvency procedure, under Article 138, ties to rules the cases and the conditions under which managerial or supervisory staff of the debtor (legal entity), facing insolvency, is to answer patrimonially for having caused the state of insolvency of the relevant debtor (legal entity). In practice, in relation to this wording, it was raised in case law the question whether those by right can make such a request (on grounds of Article 138), subsequent to the occurrence of closure of the insolvency proceedings (under Articles 131-137 of the same Law). The author argues – bringing arguments to that effect, that it is required a positive response.