HCCJ. Society in insolvency. Not being summoned the legal administrator

The High Court of Cassation and Justice decided that, since after the entry into insolvency proceedings, companies can no longer sit in judgment in any other way than through the insolvency administrator / liquidator, according to Law. 85/2006, special normative act derogatory from the common law, summoning the insolvency administrator/ liquidator into the cause is not just a question of representation, but to fulfill the procedure of citation with that part which is involved in such a special procedure. Otherwise, we are in the presence of a breaching of the fundamental requirement regarding contradiction in civil suit, which means for the court the prohibition of disposing any measure before it is put into discussion before the legally summoned parties, with the consequence of violation of the right of defense and effective trial. (Decision no. 3416 of 5 November 2014 rendered in appeal by The Second Civil Division of The High Court of Cassation and Justice, covering claims)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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