The final table of claims and the contestations against it, under the Law No 85/2014 on the procedures for preventing insolvency and of insolvency Cover Image
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Tabelul definitiv de creanțe și contestațiile împotriva acestuia, în temeiul Legii nr. 85/2014 privind procedurile de prevenire a insolvenței și de insolvență
The final table of claims and the contestations against it, under the Law No 85/2014 on the procedures for preventing insolvency and of insolvency

Author(s): Florin Ludușan
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: insolvency procedure; claim; creditor entitled to participate in the procedure; final table of claims; contestation.

Summary/Abstract: In the context of the new legal framework existing after the entry into force of the Law No 85/2014, this study analyzes the final table of claims and the contestations against it, by emphasizing the notable differences as compared to the old regulation – the Law No 85/2006 – and the importance of the final table of claims over the debtor’s estate in the insolvency procedure, as well as the exceptional character of the contestations against it. The registration of claims in the final table of claims against the debtor’s estate is generating rights for the creditors, and, consequently, the analysis and the thorough study of how this is produced, of the content of the final table of claims, of the time of its registration and publication, as well as of the rights and obligations of the participants in this procedure are essential. The contestations against the final table of claims have an exceptional character and the conditions in which these may be formulated are strictly, expressly and limitatively enumerated by the law. Under these circumstances, this legal remedy is approached from the perspective of the persons who may have the legal standing to file the contestation, from the perspective of the time limit for their submission – which appears as a highly opportune legislative novelty for the stability of the procedure – and, finally, from the perspective of the exceptional situations which may lead to the admission of such contestation.

  • Issue Year: 2015
  • Issue No: 12
  • Page Range: 94-102
  • Page Count: 9
  • Language: Romanian