Objection to the preliminary list, filed for debtor by the special receiver pursuant to Art. 56 letter b) of Law 85/2014. The death of the special receiver, who is also the sole shareholder of debtor, after filing the objection against the preliminary

DREPTUL AFACERILOR

Abstract

The death of the special receiver, after being designated, may not trigger holding a lack of proof of the capacity as representative of the insolvent debtor and, consequently, the application of the sanction of annulment of the objection pursuant to Art. 82 of the New Code of Civil Procedure. 
The relation between the special receiver and debtor is a specific mandate relation. On this basis, the special administrator performed valid acts, namely filing the appeal against the list of receivables and hiring a conventional representative (lawyer) to sign and support the summons. The death of the special receiver may not trigger the annulment of the acts validly made if the debtor’s representative had said capacity to fulfil said acts. But Art. 82 of the New Code of Civil Procedure refers to the existence of a lack (lack of capacity as representative of the person who acted on behalf of the debtor) at the time of fulfilling a procedural act, i.e. when the appeal was filed against the list of receivables. Debtor’ is represented in trial in this context by debtor’s contract representative, the lawyer, the power granted to it by debtor (via the special receiver) that was not revoked or ceased in any other way