Adio, dar rămân cu tine? Sau poate nu? Care este situaţia juridică a bunurilor rămase în patrimoniul unui debitor după închiderea procedurii insolvenţei şi radierea societăţii?

Prof. univ. dr. Florin MOŢIU

Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

One of the problems that judicial practice is currently facing and which does not have a clear normative regulation is the legal situation of the assets remaining in the assets of a debtor after the closure of the insolvency procedure and the company’s removal from the register.

Regarding assets unknown during the insolvency procedure, we can identify two hypotheses, with different legal consequences:

a.all creditors were paid in the insolvency procedure, the procedure was closed and the debtor was removed from the register, and subsequently unknown assets were discovered during the insolvency procedure, in which case, according to art. 176 letter. c of Law no. 85/2014, the assets will automatically become the assets of the...