Stabilirea onorariului lichidatorului judiciar. Propunerea de onorariu aparţinând creditorului majoritar. Obligaţie sub condiţie. Consecinţe

Establishment of the fee of the judicial liquidator. The proposal of the fee belonging to the majority creditor. Conditional obligation. Consequences

Abstract

When the fee of the insolvency practitioner is not established in clear terms, but it is mentioned in the form of certain obligations subject to a condition subsequent, until the fulfilment of the respective condition, it exists and takes effects as if it were pure and simple. If the condition subsequent is met, the obligation is retroactively terminated, and the parties are put again in the previous situation, in the sense that they shall reimburse each other the performed services.

In other words, if the insolvency practitioner collected various amounts of money as a fee, upon fulfilment of the condition these amounts shall be analysed and the judicial liquidator shall be obliged to reimburse...