AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary
The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.
Authors: IOAN ȘUMANDEA-SIMIONESCU.
DOI: 10.24193/SUBBiur.67(2022).2.3
Article history: Available online November 30, 2022; Available print December 30, 2022.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 70-98
VIEW PDF
FULL PDF
Abstract: Efficiency in insolvency. The economic analysis of the legal framework for creditor protection in insolvency proceedings. Efficiency has been and is a fundamental principle of the Romanian insolvency procedure, especially in regard to creditor protection, and is expressly written as such in law following the insolvency law reform of 2014. However, the definition of efficiency has not been analysed in Romania, within this legal framework. This study aims to use an economic analysis (Law and Economics) to present the types of efficiency that can be identified in Romanian legislation, conducting a study of the advantages and disadvantages of using these typologies in insolvency proceedings. We will consider the conceptual difficulties that may occur due to informational asymmetry and negative externalities. Finally, we will conclude by presenting the type of efficiency that the author considers adequate in a creditor protection framework considering the insolvency procedure legislation in Romania.
Keywords: efficiency, insolvency, creditor, economic analysis.
