Interpretarea sintagmei „O parte” din art. 248 alin. (1) al legii insolvabilității în contextul răspunderii patrimoniale a organelor de conducere [Articol]

Abstract

This article examines the legal controversy surrounding the extent of the obligation to cover the debtor’s liabilities by the members of the management bodies with in the framework of subsidiary liability as regulated by the Insolvency Law. It analyzes the divergent case law resulting from the restrictive interpretation of the phrase “a part” in Article 248 paragraph (1), highlighting the implications of this interpretation on lower-ranking creditors. The article formulates proposals aimed at correcting this normative and practical imbalance. It further argues that such restrictive readings undermine the compensatory function of liability and may distort the principle of equal treatment among creditors. A comparative perspective is also introduced, drawing on foreign legal systems to demonstrate the need for a coherent and functional interpretation aligned with the remedial purpose of insolvency law.