Compensarea creanţelor şi datoriilor reciproce ale creditorului şi debitorului în procedura insolvenţei

dr. Marian BRATIŞ

Judecător, Curtea de Apel Timişoara

ABSTRACT

The compensation institution of mutual receivables and payables of the creditor and debtor has regulators, both in the Insolvency Law and in Common Law. However, in the operational practice of this legal institution of extinction of obligations, during the insolvency procedure, we notice that the insolvency practitioners are avoiding this operation, as well as the syndic judges are reluctant when rulling over compensation. Mentioning the theoretical notions of compensation and foreshadowing good operational practice for the application of this legal institution of extinction of mutual obligations, indicating the appropriate legal regime of compensation, for the purposes proposed in this present, but also in the future insolvency law, constitutes a useful test for all participants in the insolvency procedure.

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