PREVENTIVE MEASURES UNDER ENVIRONMENTAL LAW APPLICABLE TO COMPANIES GOVERNED BY LAW NO. 85/2014

Abstract

This article addresses the relationship between environmental law and insolvent companies. The author will analyze the incidence of preventive measures in current national legislation and will identify its applicability in regards to insolvency proceedings. The article is structured in two parts. The first part aims to define and identify the particularities of preventive measures under environmental law as well as the environmental liability of companies, followed by the second part that highlights the obligations that insolvent companies have in order to prevent environmental damage by linking the provisions of Law No. 85/2014 on insolvency prevention and insolvency procedures with the provisions of the Government Emergency Ordinance No. 68/2007 on environmental liability with regard to the prevention and repair of environmental damage.

Keywords

• insolvency proceedings
• environmental damage
• preventive actions
• environmental liability
• environmental protection
• environmental law
• commercial law
• company law
• insolvency procedures
• insolvency practitioner
• judicial administrator
• judicial liquidator