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CNAA / Theses / 2017 / July /

Compatibility of the insolvency institution in the Republic of Moldova with the European Union Regulation


Author: Ilana Ana
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:2018
Scientific adviser: Olesea Plotnic
doctor habilitat, professor
Scientific consultant: Liliana Şargu
doctor, associate professor (docent)
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 7 July, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.75 Mb / in romanian

Thesis

CZU 347.7 (043.3)

Adobe PDF document 2.50 Mb / in romanian
171 pages

Keywords

composition, creditor, debtor, insolvency, bankruptcy, simplified bankruptcy, insolvency, restructuring, suspension of payments

Summary

The thesis comprises: Introduction, 4 chapter, general conclusions and recommendations, bibliography consisting of 155 titles, 140 pages of basic text. The results obtained are published in 16 scientific papers.

Object of study and objectives of the thesis:The paper refers to Business Law, analyzing the national legislation concerning the insolvency against the European regulations, to the comparative law, bringing forward the specific regulations for each procedural step in the entire insolvency process.

Purpose of the doctoral thesis: carrying out thorough scientific research concerning the regulation of the insolvency procedure, as compared to the European legislation, outlining the regulation gaps and contradictions, identifying the imperfections of the legislative text and making proposals for lex ferenda.

Objective of the thesis: The main objectives consist in identifying the compatible elements, establishing the incompatibilities in the national regulations against the European norms, examining the compared law and judicial practice, making recommendations for the amendment of the regulations in force.

Scientific novelty and originality: The innovative element of this paper is a thorough research of the legislation concerning the insolvency, as a goal of an interdisciplinary research, being at the same time the first in-depth scientific research on the analysis of the insolvency regulations, against the European norms;

Scientific issues clarified: the paper is a complex study of the insolvency as compared to the European law, identifying the means provided by the current national regulations for the purpose of the harmonization with the European norms, making lex ferenda proposals in the field of research of the thesis.