Contracts relating to the disposal of the use of goods in insolvency proceedings Cover Image

Contractele privind cedarea folosinţei bunurilor în procedura insolvenţei
Contracts relating to the disposal of the use of goods in insolvency proceedings

Author(s): Florentina Folea
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: The commercial lease; insolvency proceedings; collective procedure

Summary/Abstract: The commercial lease is a contract whose importance can not be disputed. The opening of the insolvency proceedings against one of the parties to the lease entails disturbances in the conduct of commercial relations between the parties. The application of the provisions on collective procedure determines the difference in the law of the contract, all the debtor's contractors being in principle subjects who have the obligation to respect the fundamental rules in the course of the procedure, in the name of the principle equal treatment of creditors. Regardless of the quality of the insolvent debtor (lessor or lessee), what is more important is the general principle of the continuation of the contracts and also the option of keeping or terminating the contracts, an option thus belonging to the procedural practitioner. collective.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 154-164
  • Page Count: 11
  • Language: Romanian
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