Contestaţie la tabelul preliminar împotriva respingerii creanţei ca prescrise. Solicitarea de date suplimentare de către administratorul judiciar. Întreruperea prescripţiei. Norma aplicabilă
Appeal against dismissal of the claim as time-barred. Request for additional data by the liquidator. Interruption of prescription. Applicable standard

Summary/Abstract: The supporting documents of the claim requested to be entered in the preliminary schedule must indeed be submitted at the latest by the deadline set for the submission of the application for admission of the claim, the insolvency practitioner having the possibility to request explanations from the debtor or to hold discussions with the creditor, requesting additional information and documents. However, if after checking the documents submitted it appears that the statute of limitations may have expired, which the creditor has not anticipated in order to explain in the application why the time limit has not expired, the insolvency practitioner should ask for an explanation. If it has been found that the prescription of the right to obtain enforcement has been interrupted, according to Article 709(1)(2) of the Code of Civil Procedure, the provisions of the Civil Code governing the interruption of the prescription of the substantive right of action cannot be applied, as the creditor does not have such a right, since he is the holder of an enforceable title.

• Details
• Contents