Observaţii cu privire la efectele tratamentului diferenţiat al protecţiei creditorilor în ipoteze particulare de divizare a societăţilor
Notes on the effect of the dichotomous protection of creditors in certain hypotheses of company division

Summary/Abstract: This paper explores the efficiency of the means of protection of the interests of creditors in the event of the division of the debtor company in the framework of the protection system generated by the provisions of Articles 2411, 243 and 251 of Law no. 31/1990 (Romania), with focus on those particular hypotheses in which the total or partial division of the company is performed with an inequal allocation of active and passive economic elements to the recipient companies. Given that the means of protection differ depending on whether the claims of the creditor have fallen due or have not yet fallen due at the time of the publication of the draft terms of division, the paper explores the various legal means available to the creditor whose claims have already fallen due at the time of such publication, and compares the degree of efficiency and complexity of the means available to each type of creditor.

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