Creanţa certă, lichidă şi exigibilă. Admiterea creanţei potrivit Legii nr. 85/2014

dr. FLORIN LUDUŞAN

Asistent univ. - Facultatea de Ştiinţe Economice, Juridice şi Administrative, Universitatea "Petru Maior" din Târgu-Mureş

Avocat - Baroul Mureş

ABSTRACT

This study aims to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, namely the certain, liquid and exigibile character, as well as the conditions for admitting the application for claim in the insolvency procedure.

The creditor’s right to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to him in order to materialize his claim right against his debtor. The opening of the insolvency procedure does not have the characteristic of an actual enforcement, because insolvency does not provide the guarantee of the effective satisfaction of the claim right against the debtor. The creditor entitled to request the opening of the...