Stay of insolvency proceedings. Applicability of the provisions of Article 244 of the Civil Procedure Code of 1865 (now 413 Civil Procedure Code) in insolvency proceedings

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The provisions of Article 244 of the Civil Procedure Code of 1865 regulate in a generic way the stay of proceedings. According to the provisions of Article 149 of Law No 85/2006, the provisions of this law are supplemented by those of the Code of Civil Procedure, but only to the extent of their compatibility. Insolvency proceedings cannot be assimilated in their entirety to a court case within the meaning of Article 244 of the Civil Procedure Code of 1865, since the scope of such proceedings is much broader than that of a simple dispute. In addition to court activities, insolvency proceedings involve many other economic operations, which cannot be assimilated to a judgment.

Therefore, the provisions of Article 244 of the Civil Procedure Code of 1865 are not compatible with insolvency proceedings and cannot be used to justify the stay of proceedings. As the provisions of Law No 85/2006 do not regulate the possibility of suspending insolvency proceedings either, such a measure has no legal basis.