MOMENTUL NAŞTERII CREANŢEI
THE MOMENT OF CLAIM’S BIRTH
Author(s): Adrian Ştefan ClopotariSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: penalties; promissory note; claims of creditor; criminal clause; the claim’s date of birth; the obligation’s date of birth; insolvency; the moment of generating the obligation
Summary/Abstract: What is the date of birth of the insolvency claim is the most important question of the procedure. The answer affects the whole process: from reorganization to bankruptcy. However, the subject is not addressed by the doctrine. I started from defining sources of obligations, often using plastic images, to help the reader visualize the concept of debt. The whole study attempts to address unconventionally the definition of some theoretical concepts, towards an in depth understanding of abstract concepts. I then went on to make the boundaries between the conditional and the underpaid receivables, the eventual claim and the future claim, the tax and the civil claim. Finally, we approached 12 of the most common dilemmas in practice, providing guidelines for quickly establishing the moment of the claim's birth.
Journal: Revista de Insolvenţă Phoenix
- Issue Year: 63/2018
- Issue No: 1
- Page Range: 29-34
- Page Count: 34
- Language: Romanian