The representative of the bankrupt company exercising in the insolvency proceedings the right of appeal provided for in Article 43 of Law No 85/2014

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

The appellate court shall verify the existence of proof of the representative status of the bankrupt company in relation to the date of filing of the appeal. When the legal action initiated by the special administrator on behalf of the bankrupt company is not accepted by the judicial liquidator who was the representative of the debtor company at the date of the court's referral, the applicable sanction is nullity unconditional on the existence of a damage, according to Article 176, paragraph 2 of the Civil Procedure Code.