8. Cerere de închidere a procedurii insolvenţei a unui debitor întreprindere individuală. Verificarea inexistenţei unor bunuri în patrimoniul persoanei fizice, membră a întreprinderii individuale
8. Claim for termination of the insolvency proceedings of a debtor being a sole partnership. The verification of the non-existence of certain assets in the natural person’s equity, a member of the sole partnership

Summary/Abstract: Para. (4) of art. 2.324 of the Civil Code does not depart from the principle on the specialization of the general pledge of unsecured creditors, but consolidates it, in the sense that, whenever there are involved assets representing the subject matter of a division of equity assigned to a profession authorized by law, the professional creditors shall monitor only these assets, and the extra-professional creditors shall monitor only the assets representing the subject matter of the other division or divisions of equity (financial assets and liabilities). Thus, the debtor’s solvency and the professional creditors’ rights are protected together with the extra-professional creditors’ rights, in this way avoiding a possible competition between them and which may lead to adverse consequences in relation to the entire debtor’s equity. The wording conditions this limitation of the assets monitoring on the assignment of the respective division of equity upon exercising a profession authorized by law, thus referring to art. 31 para. (2) of the Civil Code which provides for the possibility of the division of equity.

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