Relevanţa determinării domiciliului participanţilor la procedura insolvenţei în vederea îndeplinirii formalităţilor de citare şi de comunicare / Relevance of determining the domicile of the participants in the insolvency proceedings in order to complete the citation and communication formalities

Abstract

The celerity of insolvency proceedings required the establishment of a derogatory regime from the common law as regards the fulfillment of the formalities for citation the parties and communicating the procedural documents, due to the fact that it involves a large number of parties and procedural acts, and the application of the general regulations would only slow conducting the proceedings. Within the insolvency proceedings, the citation and respectively, the communication of the procedural documents can be accomplished in three ways: according to the Code of Civil Procedure, by publishing the procedural act in the Bulletin of insolvency proceedings, or in both ways. The choice made by one of the participants in the insolvency proceedings of a procedural domicile in the course of insolvency proceedings may not be relied on in relation to other participants in the insolvency proceedings as a whole, neither before a court settling an associated case. Manifestation of the will of a participant at insolvency proceeding regarding the choice of a procedural domicile produces effects only in the trial of that case in the insolvency proceedings, remaining irrelevant for the settlement of other cases in connection with the same insolvency proceedings.

Keywords

• chosen domicile
• insolvency proceedings
• bulletin of insolvency proceedings
• citation of participants