The Suspensive Effect of Opening Insolvency Proceedings and the Exception Under Article 75(2) a) First Thesis of Law No. 85/2014: What Remains Pending?

Abstract

This study analyses the suspensive effects triggered by opening insolvency proceedings under Romanian Law No. 85/2014 and the New Civil Procedure Code. It explores the distinction between mandatory procedural stays for debtor representation and the automatic, de jure suspension of actions targeting the debtor's estate to preserve the procedure's collective nature. Special attention is given to Article 75(2) a) and recent High Court jurisprudence, clarifying exceptions for remedies in pending cases. The research concludes that a rigorous delineation between these legal regimes is vital to ensure procedural equality and legal certainty within the market economy.