The Lease Contract under Insolvency Law
The Lease Contract under Insolvency Law

Author(s): Raluca Antoanetta Tomescu
Contributor(s): Catalin-Silviu Sararu (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: lease; insolvency; financier; user; financial leasing
Summary/Abstract: The reason for the promulgation of the current insolvency law, Law 85/2014, was that of creating a legal framework effective and proper for the collective enforcement of debtors who are insolvent to ensure the recovery of claims that they owed and implicitly to protect business environment by saving viable enterprises and eliminating those that no longer have any chance of recovery. Starting from the different opinions drawn from the doctrine, and from the examples given by the inconsistent judicial practice, in case of the lease contract, when the debtor user enters insolvency proceedings, serious practical problems have been raised both in terms of the fate of this contract after the date of declaring the insolvency procedure open, but especially in terms of the registration of the claim arising from this contract on the list of creditors. Thus, the completion of the legislation with specific regulations for these operations was imposed. Through the institutional arrangements that aimed at enhancing the doctrinal and jurisprudential opinions, they managed to codify the status of the lease contract subject to insolvency proceedings, the situation of this contract being treated especially by the current Code of Insolvency, the new legislative framework offering principles that certainly will lead to the substantiation of a predictable and fair jurisprudence.

• Details
• Contents