CINE E COMPETENT SĂ JUDECE EXECUTĂRILE SILITE DEMARATE ÎMPOTRIVA DEBITOAREI?
WHO HAS THE COMPETENCE TO JUDGE FORECLOSURES INITIATED AGAINST THE DEBTOR?

Summary/Abstract: Beyond the arguments supporting or combating the right to foreclose the assets of an insolvent debtor, one question remains: who gets to judge these arguments? Right now, jurisprudence is split, so practitioners perform a doubled effort, challenging the foreclosure before a syndic judge as well as a regular judge of the court. In order to answer this question, we start by outlining relevant practice and continue by questioning whether the debtor’s assets are indeed subject to foreclosure.

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