20. Cerere de înscriere a creanței formulată de un fidejusor neplătitor, pentru întreaga creanță din contractul de credit, admisă ca atare de lichidatorul judiciar
20. Claim for registration of receivable filed by a non-paying guarantor for the entire receivable from the loan contract admitted as such by the judicial liquidator

Summary/Abstract: The special norm of Law no. 85/2014, art. 109 para. (2) regulates the situation of the guarantor who paid the creditor, who was entered on the list of receivables of the debtor within the limit of the amount paid. This legal provision expressly stipulates that only the guarantor who has paid, even in part, the amount owed by the debtor, is entitled to be entered on the creditors' list, but only with the amount paid. Per a contrario, the guarantor who did not pay anything of the debt may not appear on the list of receivables. The insolvency law therefore provides that, if the guarantor did not pay even partially, to the creditor, the debtor does not have yet another claim to ensure his recourse against the debtor, so debtor is not creditor’s debtor and may not be included on the debtor's list of receivables. Only if the guarantor has paid from the creditor's claim, under the guarantee contract concluded with the creditor, guarantor will have against the debtor's property a certain, liquid and due claim, as unsecured creditor and will take the place of the creditor paid in insolvency proceedings in the limit of the debt paid. As to Art. 342 of Law 85/2014, Art. 2.312 of the New Civil Code is contrary to the special insolvency law.

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