Insolvenţă. Acţiune în pretenţii. Creanţă născută ulterior deschiderii procedurii. Prescripţie

Insolvency. Action for claims. Claim arising after opening the proceedings. Prescription

Abstract

The provisions of art. 36 of the Law no. 85/2006 - stating that, as of the date of opening the insolvency proceedings, all judicial, extrajudicial actions or enforcement measures for recovery of claims on the debtor’s estate or its assets shall be suspended - refer to claims arising prior to opening the proceedings.

In case of an action intended for recovery of a claim arising after opening the proceedings, the creditor has available the way opened by art. 64 par. (6) of Law no. 85/2006, however by complying with the prescription period provided by art. 7 par. (1) of Decree no. 167/1958, provided that its action cannot be classified under those covered by art. 36 of the insolvency Law.

Rezumat

Dispoziţiile art. 36 din Legea nr. 85/2006- care prevăd că de la data deschiderii procedurii insolvenţei se...