Incurring Civil Liability towards the Administrator of the Insolvent Company

The responsibility training of the persons responsible for the insolvency of a debtor company is one of the mechanisms typical of the insolvency procedure, whereby creditors can recover the amounts owed to them. This is entailed by the violation of some legal norms in force, through an illegal deed, which requires the guilty person to bear the effects of this conduct. The liability of guilty persons is a special tortious civil liability that takes over the conditions of the civil liability for one's own deed, respectively: the existence of a prejudice, the commission of an illicit deed, the existence of guilt and the establishment of a causal connection between the illicit deed and the damage. The jurisprudence has raised the issue of the compatibility of this action with the request for a guarantee from those persons to whom the concrete exercise of the attributions has been delegated, by the statutory administrator of the debtor company. The purpose of this analysis consists in presenting the novelties to the regulation of the insolvency law incurring civil liability towards the administrator of the insolvent company.