PARTICULARITĂŢILE EFECTELOR CONTRACTULUI DE LEASING ÎNCHEIAT DE CĂTRE DEBITORUL SUPUS PROCEDURII INSOLVENŢEI
THE PARTICULARITIES OF THE EFFECTS OF THE LEASING CONTRACT CONCLUDED BY THE DEBTOR SUBJECTED TO INSOLVENCY PROCEEDINGS

Summary/Abstract: Law no. 85/2014 on Insolvency Prevention and Insolvency Proceedings has brought a number of novelties to the statute of treatment applicable to contracts in progress at the date of the opening of the insolvency proceedings, but also to the inclusion in the creditors' table of claims arising from leasing contracts. Thus, as the practice has shown in almost all cases, the funder requests the enrollment on the creditor table with outstanding and unpaid past, post-opening rates and other amounts. As regards the rates prior to the opening of the procedure, there is no doubt as to the need to register them at the creditor's table and at the same time as regards other amounts calculated up to the date of the opening of the procedure. The problem arises in the situation of the rates of the contract after the opening of the procedure for which the sponsor in most cases applies for registration at the creditor table, claiming that they represent rates born on the date of conclusion of the lease, their maturity being after the opening of the procedure. The legal regime of the leasing contract, the claims arising from this contract and the fate of the object of the contract, was clarified in the new regulation clarifying a number of issues that were differently dealt with in the case law in the light of the old law.

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