Termene de prescripție și termene de decădere în acțiunile privind răspunderea subsidiară a membrilor organelor de conducere a debitorului insolvabil

Abstract

The inability to pay or overindebtedness of a person entering insolvency proceedings creates a clear presumption of insufficiency of assets in the debtor’s estate for the payment of creditors, as well as for the expenses resulting from the conduct of legal procedures. With the entry into force of Insolvency Law No. 149 of June 29, 2012 [1], the legislator has provided several mechanisms for transferring the obligation to discharge the obligations of an insolvent debtor to individuals who are members of the management bodies of the insolvent debtor. After almost 10 years of applying the law regarding subsidiary liability, there has been a 180-degree change in terms of the time limits of liability and the subjects entitled to subsidiary liability for the members of the management bodies. What are those novelties that have emerged in legislation, and how are the prescription periods correctly applied in relation to the new time limits of forfeiture that have appeared in the current legislation?