Societăţile de leasing – privilegiaţii nevăzuţi ai procedurii de insolvenţă
Leasing companies – the unseen privileged of insolvency proceedings
Author(s): Corneliu Mititelu, Gabriela MititeluSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Insolvency; unconstitutionality of article 123 paragraph 12; leasing • reorganization; financer’s option; contract termination; superpriority; restructuring;
Summary/Abstract: While all other contracts are left to the discretion of the judicial administrator, the situation is entirely different when it comes to leasing companies, where the financers have a decisive say regarding the continuation or the termination of the contract, without the debtor, the judicial administrator or the other creditors having a say in the matter. The option held by leasing companies to terminate contracts endangers the debtorʼs ability to enact a reorganization plan. Is it fair that the leasing companies receive such privileged treatment? In our opinion, the leasing companies are the Unseen Privileged of the Insolvency Procedure.
Journal: Revista de Insolvenţă Phoenix
- Issue Year: 73/2020
- Issue No: 2
- Page Range: 74-76
- Page Count: 3
- Language: Romanian