romanian english

ALEXANDRA-TEODORA OPREA, Observaţii cu privire la efectele tratamentului diferenţiat al protecţiei ...

Abstract: This paper explores the efficiency of the means of protection of the interests of creditors in the event of the division of the debtor company in the framework of the protection system generated by the provisions of Articles 2411, 243 and 251 of Law no. 31/1990 (Romania), with focus on those particular hypotheses in which the total or partial division of the company is performed with an inequal allocation of active and passive economic elements to the recipient companies. Given that the means of protection differ depending on whether the claims of the creditor have fallen due or have not yet fallen due at the time of the publication of the draft terms of division, the paper explores the various legal means available to the creditor whose claims have already fallen due at the time of such publication, and compares the degree of efficiency and complexity of the means available to each type of creditor.

 Key words: division of companies; protection of the interests of creditors of the company being divided; claims that have fallen due and have not yet fallen due at the time of publication of the draft terms of division; Articles 2411, 243 and 251 of Law no. 31/1990 (Romania); Directive 82/891/EEC; Directive (EU) 2017/1132.


Faculty of Law
.

B-dul Carol I nr. 11, cod 700506, IAŞI
Secretariat full-time learning:
+40 232 201058
+40 232 201158
Fax: +40 232 201858
Secretariat distance learning:
+40 232 201272
Fax: +40 232 201872


Copyright Faculty of Law, IAŞI , 2022
The server generated the answer in 0.1318 sec.
292087348