Stoparea curgerii accesoriilor la creanţele născute anterior deschiderii procedurii de insolvenţă, cu excepţia creanţelor beneficiare a unei cauze de preferinţă
Stopping the course of the claims ancillary to the receivables arisen before commencing the insolvency proceedings, except for the receivables with a preference cause
Author(s): Nicoleta ŢăndăreanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: stopping the course of the ancillary claims of unsecured receivables born before commencing the insolvency procedure as an effect of commencing the procedure;
Summary/Abstract: This article aims to address one of the effects of commencing the insolvency proceedings, namely to stop the course of the claims ancillary to the receivables arisen before commencing the insolvency proceedings, except for the receivables with a preference cause, the ancillary claims of which will be calculated after commencing the proceedings, they will be entered in the final list of receivables up to the limit of the market value of the good which is object of the guarantee, established by an appraiser, and they will be recalculated and paid up to the limit of the value obtained from the capitalization of the good. The material addresses the particularities regarding the calculation of the ancillary claims that run after the procedure commencement date when the claim with a preference cause is guaranteed with a mortgage on a determined individual good, a mortgage on a universality of goods, a movable mortgage on future income which the debtor has to collect from ongoing contracts, a movable mortgage on the financial instruments held by the debtor and a mortgage on the debtor's accounts.
Journal: Revista română de drept comercial
- Issue Year: 2021
- Issue No: 01
- Page Range: 53-71
- Page Count: 19
- Language: Romanian
- Content File-PDF