Civil Capacity of Legal Persons under Insolvency Proceedings with Regards to Property Transfer Deeds

The insolvency procedure is a special procedure, derogating from common law regarding the method by which commercial companies identify means of recovery of the activity in delicate moments of their existence. Under this aspect, we will analyze how the civil capacity is affected, the possibility of companies to conclude certain categories of property transfer deeds, both from the perspective of acquiring and from the perspective of alienating these rights. Our analysis will focus on answering to what extent the role of the receiver and the syndic judge represents a limitation of the civil capacity and especially if it can be discussed about a lack of it in the insolvency procedure. We will go through the legislation, jurisprudence, and doctrine at the national level, and where the answers will not be sufficient, we will tangentially analyze, through comparative law, the legislative solutions promoted at the level of European legislation and of other states that share a legal system like the national one.