The joint rights of the creditors over debtor’s pool of assets under new civil code Cover Image
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Garantia comunã a creditorilor în noul cod civil
The joint rights of the creditors over debtor’s pool of assets under new civil code

Author(s): Radu Rizoiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: patrimony; pools of assets; creditor’s rights in debtor’s assets; New Civil code

Summary/Abstract: This study presents the system the New Civil Code enacted for the patrimony in order to identify the main rules of the modern doctrine of patrimony. The analysis of these principles is done with a view to the hesitant case law emerged during the period when the new doctrine started to find its place in few statutes while lacking a systemic consistency. On such basis, this article tries to use the modern doctrine of patrimony for explaining the general rules of creditors’ rights over the pool of assets of their common debtor. These rules shall constitute a basis for understanding the joint rights of the creditors as well as for distinguishing such rights from the security interests some creditors could enjoy on certain of the debtor’s assets. This study is not conceived as a complete analysis of the modern doctrine of patrimony. It only tries to sketch a minimal introduction in the organization of the patrimony under New Civil Code. The essay is trying to have a special glimpse to the general rules of enforcement against debtor’s assets (the joint rights of the unsecured creditors) to which different legal priorities could be then built.

  • Issue Year: 2012
  • Issue No: 01
  • Page Range: 170-222
  • Page Count: 53
  • Language: Romanian