Insolvenţă, Creanţă certă, lichidă şi exigibilă. Contract de asociere în participaţiune. Solidaritatea faţă de terţi

Insolvency, certain, liquid and exigible debt. Joint venture agreement. Solidarity towards third parties

Abstract

The shareholders’ solidarity arising from a joint-venture agreement exclusively operates in favour of the beneficiaries to which it provides the works representing the object of the joint-venture and against the shareholders (all shareholders equally and to the same extent).

The alleged debts to the services/works providers shall not exclusively fall within the responsibility of the insolvent debtor (acting as shareholder), however, they are debts pertaining to the joint-venture, with regard to which there is such solidarity only towards third parties, which the debtor itself may be required to pay in a percent of 100%, independently of percent agreed upon in the joint-venture, exclusively binding on the shareholders.

The claimant company, as co-shareholder,...