Ce garanţii (mai) garantează o garanţie?

Dr. Mihaela SĂRĂCUŢ

judecător, Curtea de Apel Cluj

cadru didactic asociat, Facultatea de Drept, Universitatea "Babeş-Bolyai"

ABSTRACT

A far-seeing creditor will try to avoid even from the outset the consequences of the insolvability of his debtor and of equality with the other co-creditors. In order to achieve this goal, the creditor will proceed to the establishment of some guarantees that will guarantee the recovery of his receivable.

The prospect of their debtor’s insolvency makes some creditors even more diligent, in order to ensure themselves a favorable position in a possible insolvency procedure of their debtor, in which they must confront all of their debtor’s creditors, a bankruptcy judge and an insolvency practitioner who must manage this collective, judicial procedure, the declared purpose of which is to ensure coverage of the debtor’s passive, with the granting, when possible, of the chance of business recovery. Knowing that he is placed...