GARANŢIILE ATIPICE ÎN CADRUL PROCEDURII DE INSOLVENŢĂ. GARANŢIILE CONSTITUITE ANTERIOR DESCHIDERII PROCEDURII
ATYPICAL GUARANTEES DURING INSOLVENCY PROCEDURES. GUARANTEES CREATED BEFORE THE START OF THE PROCEDURE
Author(s): Flavius Iancu-MoţuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Romanian Insolvency Act no. 85/2014; security interests over universalities of assets, as a whole; security interests over accounts receivable or contracts rights; crystallization; creditors’ rights;
Summary/Abstract: As opposed to a typical preference case, on a determined individual asset, atypical guaranteesare characterized by "fluidity", as they cover universalities of assets or receivables assigned as guarantees. There are no specific provisions in the New Civil Code or in Law no. 85/2014 on thecrystallization of asset universality with such atypical preference or the realization of receivablesguaranteed against receivables assigned as guarantee. Herein we analyse the rights of creditors holding such atypical preference cases created before the start of the insolvency procedure.
Journal: Revista de Insolvenţă Phoenix
- Issue Year: 68/2019
- Issue No: 2
- Page Range: 17-29
- Page Count: 13
- Language: Romanian
