CARE ESTE ORDINEA DE PRIORITATE A CREANŢELOR ASOCIAŢILOR?
WHAT IS THE ORDER OF SHAREHOLDER CLAIM PRIORITY?
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Law no. 85/2006; Law no. 85/2014; shareholder’s claim; associate’s claim; subordinated claims; residual receivables; dividends; insolvency; payment orders
Summary/Abstract: The claims of the associates have always been shrouded in a dose of mystery. This finding is only partly due to the lack of regulation of insolvency law. As a matter of fact, the law of insolvency does not create rules of law, but only customizes those that exist. The issue of the claims of the associates was that it was difficult to define what the associate's claim is, as a legal obligation, with a clearly defined moment from which it derives. Through this paper, we have conducted an examination of relevant jurisprudence in the matter, and at the end we outlined a theory of the claims of the associates in the insolvency proceedings. We have clarified the circumstances in which an associate is entitled to be enrolled at the credentials or must be refused. Everything from the definition of the partner's claim and the precise explanation of the various types of obligations that the debtor may record against him (not all claims eligible to be enrolled in the credentials).
- Issue Year: 67/2019
- Issue No: 1
- Page Range: 16-21
- Page Count: 6
- Language: Romanian