Criminal insurance seizure versus civil judicial seizure in insolvency matters Cover Image
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Sechestrul asigurator penal versus sechestrul judiciar civil în materia insolvenţei
Criminal insurance seizure versus civil judicial seizure in insolvency matters

Author(s): Carmen Adriana Domocoş
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: insolvency; criminal seizure; judicial seizure; precautionary measure; judicial liquidation; unavailability of goods;

Summary/Abstract: In recent judicial practice, it is frequently requested to decide the situation of assets under criminal seizure, assets which belong, at the same time, to the debtor in insolvency proceedings and which could be the object of capitalization of receivables of creditors registered in the creditors of the former, the special law, being long disputed not only the imperceptible character of the goods under criminal seizure and susceptible to capitalization during the judicial liquidation procedure, but also the law applicable in pursuing the claim. The jurisprudence has been devided and it is still regarding the recognition of the prevalence of criminal seizure over precautionary measures taken, especially in the insolvency proceedings, requiring the intervention of specialized panels of the supreme court in unifying the practice and interpretation of the incidental legal texts, as a result of the insolvency proceedings for the reason of their enactment.

  • Issue Year: 2020
  • Issue No: 03
  • Page Range: 52-62
  • Page Count: 11
  • Language: Romanian