EuroEconomica, Vol 26, No 3 (2010)

The compatibility of Law’s no.85/2006 dispositions with the ones of the Civil Procedural Code regarding the insolvency procedure

Alexandrina Zaharia


This analysis of the compatibility between the dispositions of the two regulations is motivated by the necessity of knowing in what extent, within the insolvency procedure, can the application of the dispositions in the Civil Procedural Code be used. In this context, article 149 in Law no.85/2006 expressly specifies that its dispositions are completed by the ones in the Civil Procedural Code, inasmuch as the compatibility allows it. The insolvency procedure law is a special law and because of that the civil procedure norms it comprises take precedence before the common law norms. But, in case the special law does not cover all the situations that might occur during the procedure, the instances, depending on the case, apply the provisions of the Civil Procedural Code, inasmuch as they are compatible. We have to mention the fact that the two regulations aim at recovering the claims from the debtor. The law regarding the insolvency procedure has regulated the procedure of patrimonial liability and the execution of such a decision is made by the judicial executor, according to the Civil Procedural Code.


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