Probleme ale valorificării ipotecilor pe bunuri mobile (stocuri şi creanţe) în procedura insolvenţei

Prof. univ. dr. Radu BUFAN

Av. dr. Andreea DELI

Jud. dr. Flavius Iancu MOŢU

ABSTRACT

During the insolvency proceedings, some security interests display features that are not specific to their usual functioning under the law of obligations. The foremost cause of this deviation is that the insolvency proceedings are not enforcement proceedings, ipso facto. Whenever the continuation of the debtor’s business as usual is deemed to be valuable, especially before or during the reorganization proceedings, many of the security interests’ functions under the law of obligations cease to apply. The aforesaid security interests encumber upon the non-crystallized groups of assets employed by the debtor in the course of its business operations. Our analysis attempts at identifying and explaining the ‘deviant’ behaviour of these security interests during the insolvency proceedings, via legal, economic and...