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Procedure of insolvency declaring


Author: Macovei Gheorghe
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2016
Scientific adviser: Alexandru Cojuhari
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 16 September, 2016
Approved by NCAA on the 15 November, 2016

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Thesis

CZU 347.736 (043.3)

Adobe PDF document 1.76 Mb / in romanian
196 pages

Keywords

insolvency, bankruptcy, restructuring, default, indebtedness

Summary

Thesis structure: Introduction, 4 chapters, conclusions and recommendations, bibliography of 171 titles, 164 pages of basic text. The results are published in 10 scientific articles.

Field of study and thesis objectives: legal procedures applicable to the persons in a state of insolvency, insolvency proceedings (bankruptcy). Study objectives: determine peculiarities of instituting, examination and resolution of civil cases filed in connection with the entry into default of the entrepreneurs, analysis of judicial practice in cases of insolvency, the development of recommendations for the correct application of legal norms and preparing ferenda law proposals aiming researched field.

Scientific novelty is that for the first time has carried out a systemic analysis of national and international legislation, the doctrine of domestic and foreign ones, the judicial practice referring to insolvency proceedings, to determine peculiarities of insolvency proceedings and its legal nature.

Scientific problem solved is to elucidate all features aimed at initiating, reviewing and dealing with cases of insolvency, which led to clarification of the theorists and practitioners of the rules of civil procedure for the consideration given category of civil cases, creating theoretical basis for effective procedural and substantive rules on insolvency.

The theoretical significance and value of the work. This work is one of the first local scientific research with respect to the insolvency procedure in which analyzed aspects of civil proceedings relations arising in connection with the insolvency of the entrepreneur. It conducted a detailed study of the doctrine of specialty, national and international legislation, and judicial practice. All this gives the work a real character and practical utility, law ferenda proposals are justified scientifically and aim to improve judicial practice in the field.

Implementation of scientific results. The research results may be used to improve the national regulatory framework, development of explanatory decisions on the interpretation of the rules governing the insolvency proceedings, as well as teaching materials for educational institutions.