PRINCIPIILE FUNDAMENTALE ALE PROCEDURILOR DE PREVENIRE A INSOLVENȚEI ȘI DE INSOLVENȚĂ, REGLEMENTATE DE LEGEA NR. 85/2014, CU PRIVIRE SPECIALĂ ASUPRA PRINCIPIULUI MAXIMIZĂRII GRADULUI DE VALORIFICARE A ACTIVELOR ȘI DE RECUPERARE A CREANȚELOR

The former regulation – the Law No 85/2006 – did not define the principles underlying the application of the insolvency procedures, these being identified, explained and developed by the legal doctrine. The 13 principles provided by the Law No 85/2014 are applicable both to the procedures for preventing insolvency and to the insolvency procedures. The principles are applied by the bodies involved in the procedure, in the absence of some express provisions, which regulate some specific situation, or are used for the interpretation of an unclear text. Defining the principles is extremely important, the practice following to prove their usefulness, where the regulation is lacking or is unclear. This study aims to analyze comparatively the principles stated by the legal doctrine in the ambiance of the provisions of the Law No 85/2006, as well as the principles provided by Article 4 of Law No 85/2014, with special regard to the principle of maximizing the degree of realisation of assets and of recovery of claims.